DUI & DWI in Florida
If you have more than one drink within 2 hours before you drive, you likely need to wait or get a ride. Most people are legally drunk way before they think they’re drunk and carbonated beverages, caffeinated beverages, and medications can increase the efficacy of alcohol without you realizing it.
If you make a mistake an dare arrested on a DUI charge in Florida, this article will provide necessary guidance. We’ll cover:
- Florida DUI Laws
- Florida DUI Punishments
- Potential DUI Defenses
- Florida’s Other Drunk Driving and Alcohol Laws
- How to Find a Florida DUI Attorney
When is a Driver Considered to be Legally Drunk in Florida?
- FL DUI Laws are found in the Florida Statutes.
- You are considered to be legally drunk in Florida if you have a BAC (blood alcohol content) of .08 or more while driving in Florida.
- If you’re a commercial driver, including a school bus driver, you are legally drunk if your BAC is .04 or higher.
- If you are under the age of 21, you are legally drunk if you have .02 BAC or higher.
What is Florida’s Punishment for DUI Convictions?
In Florida, if you are convicted of DUI, you will be placed on monthly reporting probation. In addition, you must complete a substance abuse course and psychosocial evaluation.
The immediately below FL DUI penalties are standard. Penalties are increased if you have a minor under the age of 18 in your car.
1st DUI conviction = up to 6 months in jail – fine of $500 to $1,000 – driver’s license suspension of 90 days – 1 year probation – community service with a minimum of 50 hours – additional fines of $10 per community service hour – car impounded for 10 days.
2nd DUI conviction = up to9 months in jail – fine of $1,000 to $2,000 – driver’s license suspension of five years (if the second conviction occurred within 5 years of first conviction) – followed by interlock device on car for at least 1 year.
3rd DUI conviction within 10 years of second conviction = up to 5 years in jail – fine of up to $5,000 – driver’s license suspension of at least 10 years – followed by interlock device on car for at least 2 years.
Florida Drunk Driving Defenses
Be sure to consult with the Florida DUI lawyer of your choice- www.attorneys.org. Your lawyer will investigate and analyze your case to put forth your best defenses.
For example, DUI defenses may be:
- No probable cause for the original traffic stop.
- A mistake of fact was made. You weren’t driving the car.
- The Breathalyzer results were faulty and the officer didn’t perform a back up independent test.
- Medical personnel, who drew blood,didn’t follow protocol.
- The trial judge made a mistake.
Florida’s Other Drunk Driving and Alcohol Laws
Florida’s Dram Shop Act
If a licensed drinking establishment serves alcohol to someone under the age of 21 or who it knows to be an alcoholic, it is liable for any injury or damage as a result of the minor or alcoholic’s intoxication.
Florida’s “Open House Party” Statute
In Florida, it is illegal for an adult to knowingly allow persons under the age of 21 to drink and have a party in their home. You can go to jail for up to 60 days and be sued in civil court.
Florida’s Providing Alcohol to Underage Persons Law
In Florida, it’s illegal to give or sell alcohol to underage persons. You can go to jail for up to 6 months. You could also lose your driver’s license for 3 to 6 months for a first violation.
How to Find a Florida DUI Attorney
To find a Florida DUI lawyer, you can search our website, www.attorneys.org, or ask friends or the bar association for a referral.