Under Florida law, Driving Under the Influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one offense, proved by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above.
If this is a first conviction, the fine will be between $500–$2,000. If a blood alcohol level is .15 or higher, or there is a minor in the vehicle, the fine will be between $2,000–$4,000.
When arrested for DUI, one will likely be jailed until their BAC has been reduced to none. If prison or jail time is determined by the Court, the time can vary depending on the severity of the case. According to the State of Florida, a first conviction will not result in more than 6 months imprisonment.
First and second DUI offenses are typically charged as a misdemeanor DUI in Florida. While a third or subsequent DUI charge within 10 years or a DUI that involves injury or death to another person will be charged as a felony in Florida.
In Florida, if a person is arrested for driving under the influence, their license will be suspended immediately if either of the following occurs: Blood alcohol content (BAC) is determined to be. .08 percent or higher by a breath, blood, or urine test.
The possible consequences of a first-offense DUI in Florida include fines, license suspension, vehicle impoundment, having to install an ignition interlock device (IID), and jail time. Enhanced penalties might apply where the convicted motorist had a specified higher blood alcohol concentration (BAC).
Florida Statute Section 316.193 states that if the defendant blows over a .08%, police must hold them for 8 hours, or until the breath alcohol level is below .02%. Multiple police officers interpret this to mean that if the offender is arrested for a DUI, they must hold the offender for the full eight hours.
Florida law is unique in how it addresses DUI and driving privileges. If one has been arrested for a DUI in Florida, they have only 10 days from the date of the arrest to save their driver’s license. The driver’s license is immediately suspended upon the arrest for DUI.
Under Florida’s implied consent law, if a person refuses to take a breathalyzer test, he or she is subject to a mandatory license suspension. A first offense refusal will be a 1-year license suspension and a second or third offense will result in 18 months of license suspension with potential jail time.
In Florida, the charge of DUI has a few basic elements that the state must prove for a finding of guilt. First, that the subject person consumed alcohol or controlled substances. Second, that the said person was operating a motor vehicle on the roads of the State of Florida. Third, that the subject individual’s normal faculties are impaired.
If a person has 1 drink, they have satisfied the first element of proof required for the state to convict. Even a minimal 1 drink qualifies for “having consumed alcohol” or controlled substances. If a person is driving on the roadway, they have also met the second element of DUI, i.e., operating a motor vehicle on the roads of the State of Florida.
The third element is noteworthy since the question of “normal faculties impaired” can be one of the police officer’s opinion and does not require the evidence of a breath test. Remarkably, the law does not require a breath test for prosecution of DUI. The third element can be proven by the officer’s testimony that “in his opinion” the subject driver was impaired. This aspect is normally proven by physical observations such as slurred speech, red or bloodshot eyes, the smell of alcohol on the breath, poor balance, difficulty producing a driver’s license and car registration, leaning on the motor vehicle, and what most people are familiar with the so-called road-side field sobriety test. Consequently, even when there is no breath test, or there is a refusal of a breath test, the police can still provide their opinion that the subject driver was impaired based upon their observations.
If there are any additional QUESTIONS regarding the foregoing matters, contact or call the Attorneys at CASERTA & SPIRITI.