Florida Dui Laws

Author’s note by Attorney Howard Iken: Florida has some of the strictest DUI laws in the country, and being convicted of a DUI can have serious legal repercussions regardless of where you live in the state. Drivers aged 21 or older will likely be arrested if their blood alcohol level exceeds the state limit of 0.08%, while commercial drivers will likely face arrest if stopped with a BAL of 0.04% or greater. Refusing to take tests can also result in an automatic arrest and legal presumption of intoxication. Penalties for a DUI conviction include fines, community service, imprisonment, alcohol treatment, vehicle impoundment, license suspension, and mandatory ignition interlock device installation. Working with an experienced DUI defense attorney is crucial to effectively defend against DUI-related charges.

A DUI Conviction Has Serious Consequences

Regardless of where you live within the State of Florida, being convicted of driving under the influence can have serious and sometimes life-altering legal repercussions.  In fact, Florida’s DUI laws are some of the strictest in the country and can dramatically affect someone’s life without the assistance of effective legal counsel.  For example, an allegedly drunk driver may face a DUI-related arrest if a Florida police officer believes that they are too impaired to drive; this is regardless of how much alcohol the person actually consumed.

Moreover, a driver who is aged 21 or older will likely be arrested if their blood alcohol level, or BAL, exceeds the state limit of 0.08%.  For those who are under 21, a BAL of 02% can also lead to an arrest.  With regard to commercial drivers, they will probably face arrest if stopped with a BAL of 0.04% or greater. Keep in mind that even when a driver is not noticeably impaired, a Breathalyzer test results that results in a BAL of 0.08% or greater is considered to be a DUI-related infraction. In Florida, if a police officer pulls you over under the suspicion that you are impaired, he or she will likely ask for you to take a number of tests, including a field sobriety test (i.e. where you are asked to walk in a straight line, etc.) and a chemical test, such as a Breathalyzer.

While you certainly can refuse to take any of these tests, it allows an officer to automatically arrest you, who can legally presume you to be intoxicated.  Moreover, one’s refusal to submit to these tests can be used as evidence against the person in a DUI criminal proceeding.  Once arrested, an alleged wrongdoer will receive a 10-day driving permit.  Once the ten days have expired, their license will automatically be suspended for 30 days. Overall, there are several penalties associated with being convicted of a DUI in Florida.  Specifically, for those who are facing their first DUI charge, the penalties include the following:

• $500 to $2000 in fines
• 50 hours of community service
• Probation
• Imprisonment for up to 9 months
• Alcohol treatment in lieu of jail time
• Vehicle impoundment for 10 days
• The completion of DUI school
• Suspension of your license for up to one year
• 50 hours of community service
• The mandatory installation of an ignition interlock device for up to 6 months

For a second DUI offense, the penalties include:

• $1000 to $5000 in fines
• Imprisonment for up to 12 months
• Probation
• Vehicle impoundment for 30 days
• Suspension of your license for up to 10 years
• The completion of DUI school
• The mandatory installation of an ignition interlock device for up to 2 years

For a third DUI offense, the penalties include:

• $2000 to $5000 in fines
• Imprisonment for up to 12 months
• License suspension
• Vehicle impoundment for 90 days
• Suspension of your license for up to 10 years
• The completion of DUI school
• The mandatory installation of an ignition interlock device for up to 2 years

Should you face more than three DUI infractions, the legal repercussions are even more severe and can include extended jail time, the long-term or permanent suspension of one’s license, significant monetary penalties, and other serious complications.   If this is the situation that you are currently facing, or even if this is your first DI-related office, you need a skilled DUI defense attorney to examine the facts of your case and fight for your legal rights.  Never risk working with an attorney who does not have the skills and experience to effectively defend you.

A distinct possibility of multiple DUI offenses is for you to end up with a felony conviction on your record.  When a court declares you to be a felon there are many negative consequences for you and your family.  Those consequences can last a lifetime.

Make sure to work with an attorney that knows the court system within your jurisdiction, regularly practices criminal law, and who knows the law, both inside and out. For more information, or if you are facing DUI-related charges, call one of our experienced attorneys at Ayo and Iken now to schedule your free and completely confidential initial consultation.