Driving Under The Influence In Florida 

Driving Under The Influence In Florida 

Written by Ramsay, In Law, Updated On
July 28th, 2024
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A DUI charge is a terrifying and overwhelming experience in Florida. South Florida is a hotbed for DUI charges. According to the Florida Department of Law Enforcement (FDLE), 100 people were arrested daily for DUI-related offences in 2018. If you are facing DUI charges in Florida, you are not alone. A reasonable attorney can help you overcome DUI charges.

Even if someone is not legally drunk, a DUI charge can be obtained. DUI charges can be issued in Florida if you’re suspected of being impaired due to alcohol, marijuana or drugs. You can still be arrested for DUI in Florida even if you pass your field sobriety test. Even if your breathalyzer result was below 0.08, you can still be arrested for DUI in Florida.

What is a DUI (driving while under the influence) in Florida?

driving in florida

DUI is Driving Under the Influence. DUI charges can be issued in Florida if you are driving while under the influence of alcohol or drugs.

Officers may ask you to take a breathalyzer test to determine your blood alcohol content (BAC) to see if you are over the legal limit. This is 0.08. A BAC of 0.08 or higher is illegal. If your BAC exceeds 0.08, you may be charged with a more severe DUI offence, which carries harsher penalties. In Florida, police can arrest you even if you have a blood alcohol level below 0.08.

Florida Law states anyone who is impaired to the point that “normal faculties are impaired” is under the influence. This allows police officers to arrest someone based on subjective factors and evidence.

You were arrested for DUI? Here are some quick tips:

  • If you were already arrested – act quickly. You only have ten days to challenge your driving privileges before they are suspended. Hiring a DUI attorney within the first ten days is essential to maintain driving privileges.
  • If an officer asks you if you’ve been drinking and politely declines, you can avoid the situation. You can say, “Respectfully, I won’t discuss my day”, or you can assert your right to not answer any questions or not speak without a lawyer.
  • Never consent to a field sobriety test. You should never consent to a sobriety field test. You are not legally obligated to take the test. You can refuse to take it. You will not be penalized if you refuse to take the test.
  • We advise you not to consent to a field test, even if you are completely sober. The test is tough, and many people will not be able to “pass” the test sober. Even if you fail the test and are sober, an officer may still arrest you.
  • In Florida, it is your right to refuse a breathalyzer. You can refuse to take a breathalyzer, but you will face negative consequences. If this is your very first DUI arrest or stop, refusing to take a breathalyzer test will usually result in the suspension of your license for a few days. If you’ve been drinking, then a high blood-alcohol content (BAC) is more likely to affect your driving privileges.

Examples of DUI charges which may require an attorney:

  • DUI Charges Enhanced
  • DUI with Injury Charges
  • DUI with Property Damage
  • DUI Manslaughter charges
  • DUI Boating Charges
  • First-time Florida DUI charges
  • Second-time Florida DUI charges
  • Third-time Florida DUI charges
  • Fourth-time Florida DUI charges

DUI Penalties in Florida and Consequences

Florida DUI charges can carry a range of severe penalties. Florida DUI penalties include jail time or prison, fines, loss of driving privileges, and more.

Florida DUI Jail and Prison Convictions

  • In Florida, the first DUI without aggravating circumstances is a second-degree misdemeanour. If you are convicted of a second-degree offence, you may be sentenced to up to six months of jail time. This is the lowest-level DUI offence.
  • DUI manslaughter in Florida is the most serious DUI. It is a second-degree felony; if convicted, you may face a minimum of 4 years in prison and up to 15.

Florida DUI Fines & Penalties

  • A first-time DUI conviction in Florida is considered a misdemeanour of the second degree. The fines can range between $500 and $1000.
  • If you are found guilty of DUI manslaughter in Florida, you could face a fine of up to $10,000.

DUIs can also affect your career. They may impact your ability to get a job or your standing at your university. If you are a professional, such as a nurse, lawyer, or doctor, it may be necessary to report your arrest and the outcome of your Florida DUI.

You could also face criminal or professional consequences. You could lose your license, have your vehicle impounded, and be required to install an ignition interlock in your car. You may also be required to attend DUI School or be placed on probation. DUI convictions and charges in Florida can have a variety of consequences.

Florida DUIs and Commercial Driver’s Licenses

Commercial drivers are held to a higher standard of accountability for traffic and driving violations. It is essential to minimize any harmful consequences that may result from DUI/DWI charges. This includes losing a professional driver’s license, commercial driver’s permit, and possible employment. A DUI charge could threaten the livelihood of commercial and professional drivers. It’s crucial to have an experienced DUI lawyer.

A Florida DUI defense lawyer will examine your case to find all possible defenses and aggressively advocate on your behalf at every step. They can help you get back on the road quickly.

DUI and Driving Under the Influence Defense Lawyers in Florida

It can be overwhelming when you are charged with a criminal offence, primarily if it affects your livelihood and future. A DUI criminal lawyer should have the skills and expertise to fight for you, whether this is your first DUI or repeat DUI.

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