Be aware of the specific Florida DUI laws and penalties, which may prompt you to consider the consequences before driving. Florida DUIs are costly, and one can spend a lot of time behind bars. This guide will tell you about DUI laws in Florida, as well as conditions that can make an already bad decision worse.
Florida DUI Laws: What is DUI in Florida?
Florida refers to Driving Under the Influence as DUI rather than DWI. The state also defines that, for purposes of DUI, driving is driving a car or being in actual physical control of the vehicle.
If you rest on the back seat, then it is improbable that someone in the front seat will be considered “actual physical command” of the vehicle.
Florida also differs in its definitions of under the influence, just as the other states do.
Underage Drinking Law in Florida
You are to be held under the influence, meaning it is determined that you have been under the influence of alcohol, even if you appear sober based on observation. Under Florida law, any person with a blood alcohol content (BAC) higher than 0.08 grams per 100 mL of blood is considered under the influence. Anyone with a BAC of 0.08 grams per 100 mL of blood is deemed impaired. Both of these situations are referred to as having a BAC of 0.08 or higher.
Impaired Schools in Florida
Florida law implies that a person under the influence is unable to act normally. Yet because this standard is subjective, Florida can accuse others of driving when they may not even be appearing to be intoxicated.
However, the law requires that the person under suspicion has been intoxicated by alcohol or another controlled substance. Therefore, the prosecutor must prove at least some drug or liquor use.
Florida controlled substances include things like acetone, nitrous oxide, and many others.
Florida DUI Laws Penalties
Much like most, if not all, of the other states, the consequences that result from DUI convictions increase with the number of convictions. Florida alters the DUI penalties if a driver is caught with a blood alcohol content (BAC) exceeding 0.15 or with a child in the vehicle.
First DUI Conviction in Florida
In case you are convicted of DUI for the first time in your state, you will be sentenced to about $500-and and up to $1,000, plus six months in jail. In the event you have a BAC of over 0.15 or if the child was in your car, your fine could be anywhere between $1,000-$2,000, plus your time in jail could be extended to up to nine months.
Second DUI Conviction
They are the same whether the second DUI conviction was one day or ten years after the first. Aside from the $1,000-$2,000 fine and up to nine months in prison, a person with a second DUI is required to fit all vehicles owned by the offender with an interlock ignition system for at least a year.
Cost hundreds of dollars a year to install and monitor. The driver blows into the device before starting their car to make sure they are not drunk.
If the aggravating factor exists (BAC above 0.15 or presence of a child), a penalty imposed for a second DUI could vary from $2,000 to $4,000. The maximum penalty is 12 months in jail.
Probation was given to all offenders of DUI for 12 months, 50 hours of community service (although an additional fee was paid to the community service).
It must include the evaluation. If the program directs the individual to a treatment facility as a condition of probation, then the person must complete the program. Your Driver’s license will be revoked if you don’t complete the treatment. The defendant incurs the costs of treatment and the substance abuse program.
Most DUI offenders must take DUI classes in tandem with their substance abuse class.
Other Consequences of a Florida DUI
Florida DUI laws can take away your driving privileges, put you in jail, and force you to pay a hefty fine. The state can impose other penalties as well. All vehicles involved in DUI cases are subject to impoundment for a certain time based on the number of convictions.
Your car will be impounded for 10 days following your first conviction. It will be locked up for 30 days on a second conviction if the second offense occurred within five years. It will also be impounded if you have 3 convictions within 10 years.
A DUI resulting in property damage and minor injuries would be punishable by a fine of not more than $1,000 or an imprisonment period of not exceeding one year.
Typically, a DUI that results in serious injury may be punishable by a fine of not more than $5,000 and not more than 5 years imprisonment.
Both DUI Manslaughter and vehicular homicide – classified as felonies of the second degree – carry maximum fines of $10,000 and incarceration for four to 15 years, with the possibility of probation extending up to 15 years. On the other hand, a driver is exposed to imprisonment for up to 30 years if he knew about, or should have been aware of, the accident but failed to help or notify the authorities.
Florida License Suspension
One of the most prevalent non-criminal penalties for Florida DUI laws is the revocation of driving privileges. The increasing severity of penalties is correlated with successive offenses.
Offence and Duration of Suspension in Years
- First offence: 180 days in a year
- First offence with bodily injury: Minimum three years.
- Offending for the first time after five years of the first offense: The same as the first offense
- Second offense within 5 years of the first: Minimum five years (eligible to be reinstated for hardship after one).
- Third offense, ten years after the second: Same as first
- Third offense within 10 Years of the Second: Minimum 10 years (eligible for hardship reinstatement at two years).
- Fourth offence: Permanent revocation: (Eligible for hardship reinstatement within five years).
- DUI Manslaughter: Permanent revocation: (Eligible for hardship reinstatement if there have been no DUI convictions in the past five years)
- DUI, vehicular homicide, or serious bodily injury: Three Years
Bottom Line!
How can I beat a DUI in Florida? To beat a DUI, you must block the prosecutor’s proof. You or your lawyer will have to convince some jurors that you were either not drunk or drugged or driving at the time of the offense. You might also be able to get evidence thrown out so that there is no way for the prosecution to be able to make their case.
Consult with Jenkins Law PL about Florida DUI laws, which defense fits your case best, before an accident happens. There is no one-size-fits-all defense regarding using DUI penalties. Jenkins Law PL can provide customized legal support for those facing charges of drunk driving in Florida. Our team will carefully consider all aspects of an incident to formulate an individualized defense strategy tailored to you and meet all of your specific needs.
