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Criminal Traffic

Driving under the influence

Facing a DUI arrest can be an overwhelming and distressing experience, leaving you with countless questions about your future. At the Law Office of Frank P. Bianco, P.A., we understand the uncertainty and fear that can accompany such a situation. We have represented hundreds of clients charged with DUI in New Port Richey and surrounding communities. We understand the complexities of DUI cases and are dedicated to helping our clients achieve the best possible outcome.


A person can face charges for driving under the influence (DUI) if they are driving
or are in actual physical control of a vehicle while under the influence of alcohol
or drugs. Actual physical control may depend on your location in the vehicle, if the engine was running, and the location of the keys. Simply put, if you had the capability to operate the vehicle, regardless if it was actually turned on.


You can be convicted of DUI if your blood alcohol level is 0.08% or higher because
the law presumes you are impaired. Even between 0.05% and 0.08% taken with the way you drove, spoke, or physically acted can be used to prove impairment. Only when your blood alcohol concentration is 0.049% or below does this show evidence that you are not impaired by alcohol.


A Field Sobriety Exercise attempts to assess a person’s ability to control their bodily actions. This includes balance, agility, and reaction time. The results of the field sobriety exercises are subjective and determined by the arresting officer. However, they are based on medical exercises used by neurologists to determine if you are neurologically impaired.

Drivers can refuse a field sobriety exercise without consequences to your license, but such refusal is inferential argument that you had a consciousness of guilt.


Florida has implied consent law. This means that drivers in Florida have impliedly given consent to submit to a chemical test if stopped for a DUI. By accepting the general laws that apply to obtaining a Florida drivers license or Florida permitting other State’s licensed drivers to use Florida roads.

Drivers have the right to refuse chemical testing, including blood, breath, and urine tests with consequences.

A first refusal is an automatic license suspension of one year.

A second or subsequent refusal can result in a license suspension for up to 18 months. A second refusal may also in and of itself be charged as a separate first- degree misdemeanor punishable by up to one year in jail.


If you are arrested for DUI, your driver’s license will be suspended if you refuse or blow over 0.08%. You have 10 days from the date of the arrest to request a formal review hearing of this presumptive suspension.

This is an administrative hearing with the Department of Motor Vehicles (DMV) to determine if the suspension of your license should be upheld due to a DUI refusal or if your BAC was over 0.08%.


First and second DUI arrests without an accident that seriously injures someone, are misdemeanor offenses, which can impose serious but less severe consequences than a felony DUI.

A DUI conviction may include jail, fines, license suspension, probation, DUI school, substance abuse evaluation and treatment, vehicle impoundment, and community service.

First-time DUI Offenders may be eligible for a program leading to Reckless
Driving. However, there are several factors that may prohibit first-time offenders into the program and lead to increased penalties. Some of these factors that cause increased penalties include:

  • BAC of 0.15% or higher
  • A minor in the vehicle while driving under the influence.
  • Committing another offense while driving under the influence of alcohol or drugs while awaiting disposition of a prior.
  • Causing damage to property, injury, or death of a person while driving
    under the influence of alcohol or drugs.

A DUI can become a felony offense in certain circumstances, such as multiple DUI convictions within a certain time frame or DUI causing serious bodily injury or death resulting in increased penalties.


If you are convicted of DUI, you may be required to install an ignition interlock device (IID) in your vehicle at your own expense. The IID requires the driver to pass a breathalyzer test before the car’s engine is unlocked.

If you or someone you know has been arrested for DUI, call the Law Office of Frank P. Bianco, P.A. For more than 33 years we have successfully represented those charged with DUI. We have the expertise and knowledge to advocate on your behalf and help you build a strong defense.

Driving While License Suspended


Leaving the Scene of an Accident

Reckless Driving


(727) 843-8448

P.O. Box 31

New Port Richey, FL 34656

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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