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Four Things That Florida’s Top DUI Defense Attorneys Want You To Know


Drunk driving is one of the most common criminal charges in Florida. A driver who is under the influence of alcohol or a controlled substance may be arrested and charged with a DUI. Few things are more stressful or frightening than being arrested and booked into jail—especially if it is your first time. You have the right to defend yourself against a drunk driving charge. In this article, our Orlando DUI defense lawyer highlights four key things that Florida’s top DUI defense attorneys think that more people should know.

  1. Florida BAC Limit is Not Always as High as You Think 

Under Florida law (Florida Statutes § 316.193), the maximum permissible blood alcohol concentration for drivers is generally 0.08. However, the state’s BAC limit is actually lower than that in certain circumstances. The maximum allowable BAC level is lower for:

  • Underage age drivers (0.02); and
  • Commercial drivers (0.04).

The bottom line is that an underage driver (20 or younger) or a driver in a commercial vehicle could be arrested and charged with a DUI even if their BAC level is less than 0.08. 

  1. You Can (and Should) Exercise Your Right to Remain Silent 

If you are pulled over a suspicion of drunk driving in Central Florida, you have a constitutional right to remain silent. You should remain polite and provide the officer with your license, registration, and proof of insurance as requested. That being said, you are not required to answer questions. If you are arrested, you should not answer any questions with a defense lawyer. 

  1. State Law Does Not Require Drivers to Take a Field Sobriety Test (FST) 

Florida has an implied consent law. Drivers are required to take a post-arrest chemical DUI test. Otherwise, they will be subject to sanctions for a DUI refusal. However, field sobriety tests—such as saying the alphabet backwards or doing the walk-and-turn—are not mandatory. These types are not reliable. You can refuse to take a field sobriety test and it cannot be used against you in court. 

  1. Your License May Be Subject to an Immediate Administrative Suspension 

Did you know that your driver’s license could be suspended far before you are ever convicted of a DUI? In Florida, there is an automatic administrative suspension law. Unless you demand a formal review of the administrative suspension—which is your right—your license will be suspended at the administrative level based solely on a DUI charge. You have ten days to demand a formal review. An experienced Orlando DUI defense attorney can help. Your lawyer will also be able to prepare a more comprehensive defense to the criminal charges that you are facing.

Set Up a Confidential Consultation With an Orlando DUI Defense Lawyer Today

At The Baez Law Firm, our Orlando drunk driving defense lawyer is an aggressive, reliable advocate for clients. If you or your loved one was arrested and charged with intoxicated driving, we are more than ready to help. Call us now or contact us online to set up a confidential case review. Our firm defends DUI charges in Orlando, Orange County, and throughout all of Central Florida.


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DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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