Florida Driving Under the Influence Laws

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Florida Under the Influence Laws
DUI Basics
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The Campaign Against DRUNK DRIVING
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Over the past several decades a campaign has been
underway by both public and private groups to
educate the public about the dangers of drinking
and driving
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In addition, many states (including Florida)
have passed TOUGHER DRUNK DRIVING LAWS
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Defining DUI
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In the past, state laws typically made it illegal
to drive while intoxicated or while impaired
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With more of a focus on drunk driving at the end
of the 20th century, states began to realize
they had problems with the definition of
intoxicated and impaired
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Presumptive laws were passed making it illegal
to operate a motor vehicle with a BAC of 0.08
or greater
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Florida Definition of DUI
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The Florida statute makes it illegal for a
motorist to operate a motor vehicle if
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The person is under the influence of alcoholic
beverages, any chemical substance set forth in s.
877.111, or any substance controlled under
chapter 893, when affected to the extent that the
persons normal faculties are impaired
a
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The person has a blood-alcohol level of 0.08 or
more grams of alcohol per 100 milliliters of
blood
b
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The person has a breath-alcohol level of 0.08 or
more grams of alcohol per 210 liters of breath
c
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Consequences of a DUI
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Consequences for a DUI are often far-reaching
Loss of freedom
Lost employment opportunities
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Increased insurance rates
Loss of driving privileges
Custody/visitation with minor children
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Financial costs
Permanent record cannot be expunged
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Misdemeanor DUI
Misdemeanor DUI
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Potential penalties of a first time conviction
for DUI in Florida include
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Up to 6 months in jail
500 - 1,000 fines
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Additional jail time and fines if BAC is over
0.15
License suspension of 6-12 months
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Community service work
Alcohol treatment/counseling
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Felony DUI
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There are 4 ways a DUI can be charged as a felony
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Being charged with a third DUI within 10 years of
any prior DUI
Being charged with a fourth DUI within your
lifetime
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Causing serious bodily injury during the
commission of a DUI
Causing the death of someone during the
commission of a DUI
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Potential Penalties for a Felony DUI Conviction
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Up to five years of probation
Up to 5,0000 in fines plus court costs and fees
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Lengthy amount of community service work
Drivers license suspension or revocation
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Vehicle impoundment
Mandatory alcohol evaluation and counseling
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Refusal of Breathalyzer
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Implied consent law eliminates need for warrant
to request breathalyzer
You can refuse breath test
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Automatic one year license suspension if you
refuse for 1st offense
Could get hardship license after some suspension
served and DUI school
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Zero Tolerance Laws
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Laws for drivers under the legal drinking age
(21)
Penalties basically the same
Presumptive BAC is 0.02 not 0.08
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Defenses to a DUI Charge
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A DUI charge should be taken seriously given all
the potential consequences
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YOU MAY HAVE A DEFENSE that could focus on any
of the following
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Content provided by Best Legal Practices
Content provided by Best Legal Practices