DUI attorney Broward County William R. Moore

Florida Amends their DUI Law to Reduce the Hardship on First Time Offenders

Florida has strict laws against drinking and driving or DUI (driving under the influence). Until recently, Florida law stated that a person arrested for a DUI would automatically have their license suspended and this would remain in suspension for 30 days if the blood alcohol level was above the permissible level of 0.08 and 90 days for refusal to blow according to Broward County DUI Lawyers.

DUI Practice and Procedure

DUI Hardship License Amendment 

However, Florida law has now been amended to reduce the penalties on first time offenders. First time offenders now have the option of refusing to blow on the breathanalyzer and also appeal for a hardship license. This license will permit them to drive to work, school, or medical purposes. However, this option is available only to first time offenders and only if they are willing to waive their right to challenge the validity of the suspension. Those arrested for a second or subsequent time on a DUI charge will not benefit from the new changes to the law.

A Little Easier on Them

While drinking and driving is a dangerous combination, the new law will help reduce the number of challenges to the validity of the suspension of the driving license by first time offenders.

Drivers also have to remember that this amendment is applicable to only first time offenders. Also, the suspension of the driving license has always been independent of the criminal case regarding drunken driving. Individuals arrested are urged to review information about the William Moore Criminal Defense Law Firm’s Criminal Attorneys in Broward County.  We have been proving complimentary criminal case reviews for almost 20 years.

Still can Drive

With this amendment in force, those arrested for the first time on a DUI charge can take the option of refusing to blow and still retain some driving privileges as they fight the charge in court.

The drivers will then have to fight the criminal charge in court and explain their decision not to blow even when they were not drunk. However, this can be easier to explain than trying to justify a blood alcohol reading over the permissible level. That is just black and white and it is creates a difficult obstacle to overcome for defense attorneys.