What Happens After You’re Arrested for DUI in Orlando?
A series of unfortunate events. Generally speaking, you are pulled over for a traffic infraction or because you are operating your vehicle erratically, and the police officer initiates a DUI investigation. They will then make you perform a series of field sobriety tests or a breathalyzer test to determine if you are over the legal limit. You must be under arrest before officers can even ask you to submit to a breathalyzer, so they can also take you back to the police station to administer the breath test.
Under Florida Statutes, if you blow over a .08, police are required by law to hold you either for 8 hours or until your BAC is below .02. Most police will interpret this to mean that they can hold you for 8 hours before they release you. Police will not be interested in performing multiple breathalyzer tests until your BAC returns to .02. They’ll just hold you for 8 hours. So, if you’re pulled over for DUI, you can expect to spend the next 8 hours in jail.
DUI is a bondable offense. Bonds for a first-time DUI will range from $100 to $750. If you’re able to bond out, you should because the alternative would be that you go before a judge. In many cases, the judge will place you on supervised pretrial release instead of a bond. Supervised pretrial release is going to be extremely intrusive to your life and it lasts for the next 6 months. Most folks are going to want to avoid that.
Understanding Florida’s implied consent law
Under Florida law, if you have been lawfully arrested for a DUI charge and there’s probable cause for your arrest, police are entitled to ask you for a breath sample. The test requires two breath samples taken 15 minutes apart that are within .02 of each other. If the breath samples are taken 16 minutes apart or not within .02 of one another, then you don’t have a valid breath sample.
Federal law prohibits police from securing a blood sample without a warrant. The case of Birchfield v. North Dakota was decided by the U.S. Supreme Court. In this case, the court ruled that police can use implied consent to take your breath and charge you with a crime if you refuse. However, the Supreme Court held that they can’t do the same with a blood sample. Instead, police must get a warrant. In Florida, there are two circumstances where police can get a warrant for a blood sample. That’s when someone is injured or killed as a result of a DUI accident, or you are facing a felony DUI. Florida does not allow search warrants for misdemeanor cases.
Talk to an Orlando DUI Lawyer Today
FL DUI Group represents the interests of Orlando residents who have been jammed up on DUI charges. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.
