It is important to understand that when a DUI arrest occurs, two separate, but important legal proceedings take place. First, is the criminal case that is prosecuted by the State Attorney’s office. The second legal proceeding is the “Administrative Review Hearing” in which the Department of Highway Safety and Motor Vehicles attempt to administratively suspend your license while the DUI case is pending.
Under Florida law, DUI can be proven in one of two ways: (1) proof that an individual’s normal faculties are impaired; and/or (2) proof that an individual’s blood alcohol or breath alcohol level was .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
Learn more on the effects of your driver’s license after getting arrested for DUI: