Melissa Donovan
Before you order another drink and get behind the wheel, you should stay ahead of Florida’s DUI laws, which can have serious consequences. When you are convicted of a DUI in Florida, it stays on your record for 75 years and has far-reaching effects that go beyond your criminal record.
Here is a look at Florida’s DUI laws to help you better understand them and protect yourself from making a life-altering mistake.
Understanding DUI in Florida: Advice from Attorneys
In Florida, the state considers it a DUI if you are under the influence and are driving or have actual physical control of the vehicle. Generally, this means that if you are sitting in the driver’s seat with the keys in the ignition, you may be charged with a DUI in Florida.
However, there are differing events that can qualify you as someone who is deemed under the influence that attorneys want you to know. The first is measured by your actual blood alcohol concentration (BAC) levels. Anyone found with a BAC of 0.08% or higher can be found above the legal limit.
Police do not always use this threshold to arrest drivers for DUI. You could be well under this amount if you are found to have your normal faculties impaired. It is always ideal to speak with a DUI lawyer in Miami who will challenge the prosecutor in your case. In cases of DUI without being over the legal BAC limit, the prosecution must be able to show that you were engaging in alcohol or drug use at the time of this incident.
Penalties for DUI in Florida: Understanding the Legal Consequences for a Conviction
If you are arrested for DUI in Florida, the worst thing you can do is try to talk your way out of it. That’s not going to happen, and it could make it easier for prosecutors to convict you.
If you are convicted of your first DUI, you will be fined between $500 and $1,000. You may also be behind bars for up to 6 months. However, these punishments apply when your BAC is at 0.08%. If you are over 0.15% or you had a minor child in the car with you at the time, fines will range from $1,000 to $2,000, and you may spend up to 9 months in jail.
Every lawyer will tell you the best way to avoid this trouble is never to drink and drive. Certain circumstances may arise where you are considered to be under the influence, such as when you are drowsy or have a medical condition. If this is how you came to face charges for DUI, you should not hesitate to get legal representation.
Penalties for a second DUI conviction, even if you had your first one many years ago, will be the same for a first-time DUI with aggravating factors. In addition to those punishments listed above, you’ll need to have an ignition interlock device installed on all of your vehicles for a minimum of one year.
The punishments become much more severe if this second conviction has aggravating factors of its own, such as 0.15% or higher BAC or a minor child in the car. Your fines can be anywhere between $2,000 to $4,000, and you’ll spend up to one year in jail. As for third or consequent DUI charges, if it’s been less than 10 years since your second conviction, you will be charged with a felony. Any time a fourth DUI conviction is imposed, it will always be charged as a felony, even if many years have passed since your last run-in with the law for driving under the influence.
Additional Punishments: What Lawyers Want You to Know Ahead of Conviction for DUI
Florida takes DUI very seriously, even if it’s the first time you’ve ever been in trouble with the law for any reason. Along with the penalties imposed upon conviction for DUI, you will also be on probation for 12 months and need to serve 50 hours of community service. In addition to this service to the community, there is also a fee you’ll need to pay.
There’s more than that, too, as you’ll be mandated to complete a substance abuse course. You will be evaluated in this course and potentially referred to a treatment program that must be completed to satisfy the conditions of your probation. You’ll not only have to pay for the costs associated with the program and treatment but also must complete the treatment, or you may face the revocation of your driver’s license.
As you can see, being over the legal limit or being deemed under the influence, even when under the 0.08% legal limit, can completely upend your life. You’ll lose your driving privileges, spend time in jail, and need to pay many kinds of fines. Among those, you’ll likely need to pay the costs associated with having your vehicle impounded.
A first conviction will require impoundment of your vehicle for 10 days. If your second conviction occurs within 5 years of the first, your car will be impounded for 30 days. It will be 90 days if your third conviction occurs within 10 years.
Additionally, any DUI that causes property damage or a personal injury of a non-serious nature can result in fines up to $1,000 and a year in jail. If you cause a car accident while driving under the influence that leads to serious injury, you can face fines of up to $5,000 and up to 5 years in prison. For manslaughter or vehicular homicide, while driving under the influence, these are second-degree felony charges with hefty fines and lengthy prison sentences.
How to Avoid a DUI Conviction in Florida
In addition to the legal penalties and consequences listed previously, a DUI conviction in Florida can affect many areas of your life. If you are facing charges for DUI, hire experienced legal counsel to defend you against the prosecutor. With an attorney’s help, you may be able to get some of the evidence against you thrown out, which would make it harder for you to be charged with this crime.
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