How long does a DUI stay on my record?

Florida statute maintains that a DUI conviction in the state of Florida will remain on your permanent record and on your driving record for 75 years.  For most drivers, this well exceeds their prospective life span, and record of their DUI conviction will remain on their record for the rest of their lives. The Florida Department of Highway Safety and Motor Vehicles is the entity responsible for the maintenance of Florida state driving records.  The Department notes that most traffic infractions
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What signs of impairment does the officer look for?

Police officers are given extensive training in how to identify an intoxicated or otherwise impaired driver.    These signs can be grouped into three different phases – the “vehicle in motion” phase, the “personal contact” phase and the “pre-arrest screening” phase. The “vehicle in motion” phase begins before the officer makes contact with the driver.  Signs of impairment that an officer will be looking for during this stage include reckless driving, swerving over the center or side lines of the
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What should I do if I get stopped by a police officer and he asks if I have been drinking?

If you see those blue flashing lights in your rear-view mirror, the first thing to do is do NOT panic.  The way you compose yourself now and in your subsequent interactions with the police officer will be critical in preventing a DUI charge or defending yourself in court against this charge.  Demonstrating control and comfort in the officer’s presence will help to mitigate their suspicion that you have been drinking. The officer may ask you if you have been drinking tonight.  In dealing with the
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What are the different tests for intoxication?

Although the law enforcement officer will begin looking for signs of intoxication before they even pull a suspect over, there are certain standardized testing procedures that are instituted in Florida for dealing with suspicions of intoxication. The first line of testing you will encounter when a law enforcement officer suspects you of intoxication is known as Field Sobriety Testing (FST).  They are performed before arrest, at the venue where the officer initially pulled over the suspect.  These
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To blow or not to blow?

If you have been pulled over and the police officer has found reasonable cause to suspect you have been driving while impaired by alcohol, they may ask you to take a breathalyzer test.  These machines measure the amount of alcohol in the blood stream indirectly by testing a sample of the breath to measure the amount of alcohol present. Some officers may carry hand-held breathalyzer units in the field, however the reports that these units generate can be of dubious accuracy and they are typically
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Should I perform the Field Sobriety Tests (FSTs)?

If you are pulled over and the police officer suspects you may be intoxicated, they may ask you to perform an FST.  These tests require participants to perform a series of simple physical tasks during which the officer will look for signs of impairment, such as compromised balance, depth perception, reaction time and other factors.  Common FSTs include walking in a straight line, or balancing on one leg for thirty seconds. FSTs are notoriously difficult to successfully complete, and police offic
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Do I have the right to speak to an attorney if I have been arrested for DUI?

Absolutely.  However, there are certain phases of the arrest process where your request may go unheeded.  An attorney will be brought in only during the testimony phase, which occurs after the officers have completed their search and gathered whatever physical evidence they require. You do not have the right to speak with an attorney before submitting to a chemical test (such as a breathalyzer, urine or blood test).  These tests are considered part of the search phase, and you don’t have the rig
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Are the tests for intoxification reliable?

The successful prosecution of a DUI is dependent on the accuracy of the battery of tests that law enforcement officials use to determine intoxication in drivers.  Prosecutors must prove beyond a reasonable doubt that the accused’s blood alcohol content (BAC) was above a specific, legally mandated limit, and their impaired driving could not be attributed to factors other than intoxication with alcohol. The empirical measurements provided by standardized testing employed by law enforcement officia
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What is a DUI?

A DUI (Driving Under the Influence) is a criminal charge of operating a motor vehicle while impaired by alcohol or another substance that can compromise your normal driving abilities.  Although the criteria for DUI vary between jurisdictions, all states in the United States have DUI laws on the books. In Florida, if you are pulled over by a law enforcement officer and found to have a BAC (Blood Alcohol Content) of .08 or greater, you will be arrested for DUI.  .08 BAC indicates that there is .08
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About DUI

DUI is an acronym for Driving Under the Influence.  Also referred to as DWI (driving while intoxicated), drunk driving, operating under the influence, impaired driving and many other names, DUI refers to the crime of operating a motor vehicle or certain kinds of machinery while impacted by alcohol or other compromising substances. The crime is often associated with alcohol, and most jurisdictions enforce a maximum BAC (blood alcohol content) with which an individual can legally operate a motor v
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