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St. Petersburg DUI FAQ

Being pulled over and charged with a DUI in St. Petersburg can be a nerve-racking experience. If you have questions, check out our St. Petersburg DUI FAQ below and reach out to the DUI defense lawyers at Hersem Law for the answers you need. 

What is the legal limit for drinking and driving in Florida? 

The legal limit will depend on a few factors. Typically, anyone who has a blood-alcohol concentration, or BAC, of 0.08 percent or more is presumed to be DUI. However, certain drivers have lower presumption limits. For example, if you’re a truck driver, you only have to have a BAC of 0.04 percent to be arrested. For those under twenty-one, any amount of alcohol in your bloodstream is grounds for a DUI arrest in Florida. 

Keep in mind that the state can also choose to prove their case by showing that a driver’s “normal faculties were impaired”. Therefore, a person can be charged with DUI even though their BAC didn’t actually exceed the legal limit.

What can I expect if I’m arrested for a DUI in St. Petersburg? 

If you’re pulled over and charged with a DUI in St. Petersburg, you’ll be taken to the police station, where you’ll be booked and held for a minimum of 8 hours.  You will then either be released on your own recognizance or you will be given a bond to post. Your car may be towed in the meantime, as well. After you have been released on bond, it’s time to contact an experienced DUI attorney at Hersem Law to get started on your defense. 

Will I lose my license after driving drunk? 

If you refuse to submit to a breath, urine, or blood test then your license will automatically be suspended by the DMV before your criminal case even begins.  This is also true if you submit to a breathalyzer and the results are above .08. Finally, if you’re convicted of a DUI then your license will be suspended, as well.  The good news is that a lawyer at Hersem Law can guide you through the process of challenging the administrative suspension, avoiding the criminal suspension, and/or getting a permit that will allow you to drive limited purposes during the period of suspension. That is a huge benefit that you can’t afford to miss out on.  Otherwise, the suspension may leave you without private transportation to work, to school, or around town. Instead of accepting this penalty, you increase your chance of avoiding it with the help of Hersem Law. 

What are other types of penalties for driving under the influence? 

Besides losing your driver’s license, you could face fines, insurance penalties, and even time behind bars. A conviction means you’ll also have a criminal record. These penalties could affect your future, so seek out a St. Petersburg DUI attorney at Hersem Law for help. 

What if I refuse to take a Breathalyzer test? 

As mentioned above, refusing to take a breath test leads to an automatic license suspension of your license.  For a first refusal, the suspension would be for a period of 12 months.  If you have a prior refusal then the suspension increases to 18 months. A second or subsequent refusal can also be a criminal charge so it becomes even more important to get a lawyer on your side as soon as possible.

Whether you refused the test or took it and failed, an attorney from Hersem Law can help you build a strong defense to the charge you are facing. 

Speak with a St. Petersburg DUI Lawyer 

A DUI is a serious offense in St. Petersburg, and it could mean serious consequences for your future. While this post might have answered some of your questions, you likely also need in-person guidance. At Hersem Law, we understand how serious a DUI can be, and we’re here to help, starting with a free strategy session. 

When you’re ready to talk about your case with a DUI attorney at our firm, reach out to us by calling 813-251-7291 or by filling out the online form below.