Driving under the influence (DUI) is a serious offense that can have serious consequences for you and other road users. As a driver, it’s important to understand Florida’s constantly evolving DUI laws to avoid penalties and legal complications. Before getting into possible defenses in a DUI case, let’s first understand what is considered a DUI in Florida.
If you or a loved one is facing a DUI charge, don’t navigate this alone—reach out to an experienced DUI attorney to defend your rights and secure the best possible outcome.
What Constitutes a DUI in Florida?
In Florida, a DUI is a criminal offense that involves operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. If your blood alcohol concentration (BAC) is 0.08% or higher, you risk facing DUI charges. For commercial drivers, the BAC limit is much lower at 0.04%.
Levels of DUI Charges
Here’s an overview of the various DUI charges offenders risk facing in Florida:
- First-time DUI offense: As the name suggests, this is a first-time offense that can result in fines, possible jail time, and license suspension. The penalties are less severe than for repeat offenses but still significant.
- Multiple offenses: Here, penalties escalate and may include steeper fines and longer jail time.
- Aggravated DUI: These charges arise if one’s BAC is extremely high or if it’s a DUI with a minor in the car. They may also arise after a hit-and-run or wrongful death accident.
DUI Penalties and Consequences in Florida
DUI convictions in Florida can lead to severe penalties that include:
- Fines and fees: A first-time offense can carry a fine that ranges from $500 to $1,000. If the BAC is 0.15 or higher, the fine ranges from $1,000 to $2,000. For a multiple DUI offender in Florida, the fine ranges from $1,000 to $2,000 and $2,000 to $4,000 if the BAC is 0.15% or higher. For a DUI manslaughter charge, the fines may rise to $10,000.
- License suspension or revocation: A first-time DUI offense carries a minimum three-year driver’s license revocation if the offense involves bodily injury. For a multiple DUI offender, license suspension is mandatory for at least five years. In cases of aggravated DUI, license revocation is permanent.
- Jail time: A first offense may carry a prison sentence of no more than six months, while subsequent offenses may carry jail terms that don’t exceed five years. Cases of aggravated DUI carry harsher penalties of between 15 and 30 years in prison.
- Probation and DUI school: Florida courts may require DUI offenders to attend DUI education programs and perform community service as part of their probation terms.
Florida’s Implied Consent Law
In Florida, refusing to take a chemical test after a traffic stop can lead to an immediate license suspension. By driving on Florida’s roads, you automatically consent to such tests to determine your BAC. Drivers suspected of DUI must submit to a breath, urine, or blood test. Refusing a test may result in a one-year license suspension.
DUI Checkpoints in Florida
DUI checkpoints are legal in Florida and are common during the holidays and weekends. Here’s what to do if you encounter one:
- Remain calm and avoid making any suspicious or sudden movements.
- Cooperate with law enforcement officers.
- Be aware that you have the right to remain silent once you provide basic information.
- Understand you have the right to contact a Florida DUI criminal defense lawyer and to refuse unreasonable requests by law enforcement officers.
Defenses Against DUI Charges
If you are facing a DUI charge, consult an experienced DUI criminal defense attorney in Florida for sound legal counsel. Some of the arguments our skilled legal team can use to build a compelling defense include:
- Challenging the traffic stop: The police must have a valid reason to pull you over for a DUI test, such as running a red light or swerving on the road. Any evidence gathered could be inadmissible if the stop is done without sufficient cause.
- Disputing test accuracy: Breathalyzers and other chemical tests are not infallible. They may have calibration or maintenance issues that result in incorrect readings. Medical conditions, such as diabetes and acid reflux, can also elevate BAC readings.
- Questioning procedural errors: Florida follows strict guidelines for how DUI stops, arrests, and tests must be conducted. Any deviation from such procedures, such as a failure to read Miranda rights or chain of custody issues, can be grounds for dismissal.
A DUI charge can have serious consequences for your life. It is important to reach out and seek legal representation from a Florida criminal defense lawyer experienced in DUI cases. They can evaluate your case, file motions to suppress illegally or improperly obtained evidence, negotiate plea deals, and represent you in court.
How a DUI Conviction Can Impact Your Life Beyond Legal Penalties
A DUI conviction in Florida can have far-reaching consequences that go beyond legal penalties. One of the most noticeable impacts of a DUI charge is increased insurance premiums. After a DUI accident, your insurer may view you as a high-risk driver and raise your premiums.
Finding a job may also be a headache after a DUI conviction. You may face employment challenges since many companies conduct background checks, and a DUI is a major red flag for most employers. A DUI may also make it difficult to obtain professional licenses.
A DUI conviction may also affect your ability to travel to countries with strict immigration laws, like Canada. This may impact both your personal and professional travel opportunities.
Lastly, a DUI conviction can strain relationships with family and friends and lead to self-esteem issues.
Protect Your Future Against DUI Charges in Florida
Don’t face DUI charges alone. Contact Malcolm Anthony, P.A. today at (904) 285-4529 to schedule a consultation with our knowledgeable DUI defense lawyers. Our legal team has over 38 years of experience helping individuals just like you.
