I think the most common question I get asked as a criminal defense attorney is "what do I do if get pulled over for DUI?, do i blow or do i refuse?". There is no simple answer to this question. If you take the breath test and blow over a .08, your license suspension is shorter but it may make it easier for the State to prosecute you.
What most people don't understand when they get charged with this crime is that not only do you have to deal with the prosecutor, you also have to deal with Department of Motor Vehicles, who doesnt really look at other factors and will suspend your license for sure if you either blow over a .08 or refuse to take the test. In Florida, when you are arrested for DUI, the officer will give you a ticket, and that ticket is actually your license for the next 10 days. In that period of time, you can elect to have a hearing in front of a DMV hearing officer who will decide whether to suspend to your license for a period of time, the length of which depends on whether you blew or refused and whether it is your first, second, etc. If you dont elect to have a formal hearing, the DMV officer will make a decision on whether or not to suspend your license solely on the information given to them by the Police Officer. Alternatively, you can elect to have a formal hearing in front of a Department of Motor Vehicles hearing officer.
Unlike the prosecutor, who will almost certainly let your attorney present any mitigating factors you may have, the DMV is almost robotic in their approach. The DMV hearing officers (although to a person, very nice people) are taught that if there is any evidence of alcohol, if you are driving, and either you blow over a .08 or refuse, to suspend your license. This often confuses people because there are many cases we have where the prosecutor, for any number of reasons, may choose to reduce the charge to reckless driving, but it does not change what the DMV does. In almost 90% of cases, the DMV has decided whether or not to suspend your license long before a prosecutor makes a decision on what to do about actually prosecuting you. And as someone who has represented hundred of people with DUI arrests, the most frequent concern among clients is the consequences on their driver's license.
I don't know if this blog will serve as a deterrent to people drinking and driving. For most people, it is not something they intend to do. However, there a few things worse in this world than not having a driver's license and whereas most lawyers who have experience in defending these types of cases can tell many stories of getting cases reduced from DUI's to reckless drivings (mostly because of the kindness of the prosecutor vs. the intelligence or work of their attorney:)), even the best attorney can rarely do anything about the DMV!!!
For more information about DUI's, you can go to our website at http://www.shorsteinandlee.com/DUIDefense.aspx
