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Three Little Known Facts About DUIs

By Hager & Schwartz, P.A.

December 5, 2019

Many people hear horror stories relating to driving under the influence (DUI) arrests and believe they have a relatively decent understanding of the consequences involved. In truth, there are several items relating to DUI arrests that many do not understand. That’s why Hager & Schwartz is here to help readers understand the intricacies of the law!

Cops Can Arrest PeopleWhen They Blow Under the Legal Limit

Florida Statute § 316.193 states that a person commits a DUI when they drive with a breath or blood alcohol concentration (BAC) of 0.08% or more. This arrest is a "per se" DUI, with per se being the Latin phrase for "by itself" or "in itself," and a BAC of 0.08% means a person is considered legally intoxicated.

However, even when people test for BACs below 0.08%, officers can still make arrests if they believe the suspects are under the influence of alcoholic beverages, any chemical substance, or any controlled substance to the extent that their normal faculties are impaired.

DUI charges stemming from these circumstances are challenging cases for prosecutors to win, but it is possible. Our next fact is about DUI convictions and how long they last on one’s record.

Convictions Stay on Your Record for 75 Years
Contrary to common belief that a drunk driving conviction remains on a person’s record for five years, the truth is that the Department of Motor Vehicles maintains a record of a DUI conviction for 75 years. The five-year belief stems from the "lookback period” when prior DUI convictions can increase potential penalties for new sentences.

Convictions Could Prohibit Entry to Canada

Any drunk driving conviction could result in denied access to Canada. For those with a DUI on their record, particular documents such as a Temporary Resident Permit (TRP) or a Criminal Rehabilitation (CR) may be required to gain admission.

If you or your loved one is facing a DUI charge in Florida, you may want to contact a Broward Criminal Defense Attorney at Hager & Schwartz for help. Our attorneys are rated AV-Preeminent by Martindale-Hubbell, which denotes the highest level of professional excellence.

Call (954) 840-8713 now for an immediate consultation for your case!