A DUI charge in Florida is a frightening and overwhelming experience. South Florida is a hotbed of DUI charges. According to the Florida Department of Law Enforcement, on average, 100 people were arrested each day for DUI-related offenses in 2018. You are not alone if you are facing a DUI in Florida. A great attorney can overcome DUI charges.
DUI charges can be easily obtained, even if a person is not legally drunk. In Florida, a DUI charge can be issued if you are suspected of being impaired by alcohol, marijuana, or drugs. Even if your field sobriety tests are perfect, you can be arrested in Florida for DUI. Even if you consented to a breathalyzer and blew something below 0.08 you can still get arrested for DUI in Florida.
What is a DUI (driving under the influence) crime in Florida?
Driving Under the Influence is what DUI stands for. In Florida, a DUI charge can be obtained if you are under the influence of drugs or alcohol and driving a vehicle.
Officers will often ask you to perform a breathalyzer to determine your blood-alcohol content (BAC) in order to see if you’re above the legal limit. This is 0.08. The standard for a BAC above 0.08 is illegal. If your BAC is higher than 0.08, you could be charged with a more serious DUI offense that carries stiffer penalties.
In Florida, even if your blood alcohol level is less than 0.08, the police can arrest you.
The Florida Law states that anyone who is affected to the extent that “normal faculties” are impaired, is under the influence of alcohol. This allows officers to arrest someone for DUI based on subjective evidence and factors.
You were pulled over for a DUI? Here Are Some Quick Tip:
- If you were already arrested – act quickly. You have only 10 days to fight your driving privileges before they are suspended for several months or more. It is crucial to hire a DUI lawyer within the first ten days to fight to maintain your driving rights.
- If you are pulled over by an officer and asked if you have been drinking, politely decline the question. You can say “Respectfully I won’t talk about my day” or “I am asserting my right not to answer any questions and not speak without an attorney”.
- Never consent to a sobriety field test. You should never agree to a field sobriety check. You are not legally required to take the test. You can refuse to take the test. There will be no negative consequences if you do not.
- We advise you not to consent to a field test even if you’re completely sober. The test is extremely difficult and most people will not “pass” it sober. Even if you are sober and fail the test, an officer can still arrest you for DUI.
- In Florida, you have the right to refuse a breathalyzer. You can refuse a breathalyzer test, but there will be negative consequences. If this is your first DUI arrest or stop, refusing a breathalyzer will usually result in a license suspension for a few weeks. If you have been drinking, a high blood alcohol content (BAC) will be more detrimental to your driving privileges.
Examples of DUI charges that may require a lawyer:
- DUI Charges Enhanced
- DUI with Injury Charges
- DUI with Property Damage
- DUI Manslaughter charges
- DUI Boating Charges
- First-time Florida DUI charges
- Second-time Florida DUI charges
- Third-time Florida DUI charges
- Fourth-time Florida DUI charges
DUI Penalties and Consequences in Florida
Florida DUI charges carry a variety of serious penalties. Florida DUI penalties can include jail or prison time, fines, the loss of driving privileges, and more.
Florida DUI Jail and Prison Consequences
- In Florida, a first-time DUI without any aggravating factors is a misdemeanor of the second degree. If you are convicted of a second-degree misdemeanor, you could spend up to six months in jail. This is the lowest level of DUI offense.
- DUI manslaughter is the most serious DUI in Florida. It is a felony of the second degree and if you are convicted, you could face a minimum 4 year prison sentence and up to 15 years.
Florida DUI fines and penalties
- If convicted, a first-time DUI in Florida is a second-degree misdemeanor. Fines can range from $500 to $1000.
- If you are convicted of DUI manslaughter, a felony of the second degree in Florida you could be fined up to $10,000.
DUIs may also affect your career, your ability to find a job and even your standing in your university or professional degree programs. If you have a professional job, such as a teacher or nurse, a lawyer or doctor, you may need to report the arrest and outcome of your Florida DUI to your professionalism board.
You could also face criminal and professional consequences. Your license could be revoked, your vehicle impounded, and you may have to install an ignition interlock on your car. You could also be placed on probation or required to attend DUI school. DUI charges and convictions in Florida have a wide range of consequences.
Florida DUIs and Commercial Driver’s Licenses
Commercial drivers are held more accountable for driving and traffic violations. It is important to minimize and overcome any negative consequences of DUI/DWI charges, including the loss of a professional driver’s license, a commercial driver’s permit, and potential employment. A DUI charge can threaten the livelihood of professional and commercial drivers. This is why it’s important to have a strong DUI attorney.
A Florida DUI defense attorney will examine your case carefully to find all possible defenses and aggressively advocate for your case at every step and help you get on the road as quickly as possible.
DUI and Driving under the Influence Defense Lawyer in Florida
It can be overwhelming to be charged with a crime, especially if it affects your future and livelihood. A DUI criminal defense lawyer should have the expertise and skills to fight for you in your DUI case, whether it is your first DUI or a repeat DUI.
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Alex Adekola is a proven thought leader in the reputation management industry who has targeted mugshot publishers since 2012. He is the longest-serving reputation and crisis management strategist and has written extensively on crisis management. He is the creator and director of strategy at Incept Technologies.