DUI is arguably the most serious offense for which you can be charged and still be in county court (i.e. not accused of a felony offense). In this state, DUI is defined by statute as driving or being in actual physical control of a motor vehicle while being under the influence of alcohol or other intoxicants to the extent that your normal faculties are impaired. Impairment can be presumed if your breath or blood alcohol level is above a certain level. Additionally, there are enhanced penalties for driving above another higher level. In any case, if you are found guilty of driving under the influence of alcohol or other substances, there are certain penalties that the court MUST impose. Working with an experienced criminal attorney in the Kissimmee, FL area can help with the following penalties:
In addition to these penalties, the court may impose a jail term of up to six months on a first offense not involving enhanced penalties and up to nine months on first offenses involving enhanced penalties. Penalty enhancement can be available to the court if the DUI is committed under certain aggravating circumstances. Which is why you will need a criminal defense attorney to help you with you case. Ernest J. Mullins has the experience you need to fight for your case.
There are also administrative penalties imposed by the DMV as to your driver's license just for being arrested for DUI. The police will tell you that your license will be immediately suspended if you refuse to submit to breath testing. What they will not tell you is that if you submit to breath testing and your level is above the legal level (.08 g/210 L), then your license will also be suspended. If you submit to breath testing and your level is below a .08 on either test (they have to perform two) then your license will not be immediately suspended, but you can still be charged with DUI.
In any case, it is important that you understand that you have a right to remain silent and that is a right that you should exercise vigorously. Apart from giving your name and address and tendering your documents (license, registration, and proof of insurance), if your lips are moving, you are not helping the defense of your case and that is true in any criminal investigation, not just in a DUI case. There is more information available and I would be happy to consult.