Frequently Asked Questions About Florida DUI
Payas, Payas & Payas, LLP provides experienced counsel for drivers arrested on DUI charges in the Orlando area. We present these questions as a service to prospective clients. If you have additional questions for one of our knowledgeable DUI defense lawyers, we invite you to contact us.
- Is it possible to plead to the lesser offense of “wet reckless” in Florida?
- How can the state of Florida take away my Virginia driver’s license?
- What is a restricted license?
- What is “baby DUI”?
Payas, Payas & Payas, LLP offers your best defense to Florida DUI charges
Is it possible to plead to the lesser offense of “wet reckless” in Florida?
“Wet reckless” is formally known as reckless driving involving alcohol. The charge does not require proof that your blood alcohol content (BAC) was over the legal limit, simply that you were driving dangerously after having consumed alcohol. Prosecutors are sometimes willing to accept a plea to this reduced charge when the defendant is sympathetic and/or the proof of DUI is tenuous. DUI defendants who accept a plea bargain to wet reckless receive lesser punishments and can retain their driving privileges. It’s advisable to retain an experienced criminal defense attorney who knows how to bargain down to a lesser offense.
How can the state of Florida take away my Virginia driver’s license?
Florida belongs to the interstate Driver License Compact, an agreement among the majority of states to honor all the participants’ court decisions with regard to license suspensions and revocations. Out-of-state drivers convicted of DUI in Florida lose their home state licenses until they fulfill Florida’s requirements for reinstatement. The same is true of Florida drivers who commit traffic offenses in states that belong to the interstate compact.
What is a restricted license?
When drivers convicted of DUI lose their licenses, they can petition the court for a restricted license allowing them to drive for the limited purpose of commuting to work or school. The court has great latitude to decide whether the convicted driver is a good risk for a restricted license.
What is “baby DUI” in Florida?
Drivers under the age of 21 are not permitted to consume alcohol, so when they drink and drive, they face higher scrutiny. The “zero tolerance” policy for underage drinking and driving allows police to arrest young drivers with a BAC of just .02 percent. Penalties for baby DUI are not as serious as for standard DUI, but that is true only if the driver’s BAC is below the standard level of .08 percent.