Florida
DUI Help
Florida might tout
itself as the sunshine
state, but get caught driving there under the influence (DUI) and you
will wind
up where the sun doesn’t shine. According to law, driving
under the influence
of alcohol or a controlled substance with an .08% blood alcohol content
is a
Florida DUI (driving while ‘impaired’) or DUBAL
(driving
with an
unlawful blood alcohol).
Be aware that
you don’t have to be legally drunk to
be a candidate for a DUI. You
can also
be prosecuted for driving ‘under the influence’ if
it can be proven that you
were driving in an unsafe manner even if you are within the legal BAC.
Under
this theory circumstantial evidence such as, slurred speech, blood shot
watery
eyes, unbalanced posture, hazardous driving, and field sobriety tests
can be
evidence that a driver was ‘under the influence’,
unsafe to drive and a DUI
waiting to happen.
If
you haven’t been drinking or you believe that you might have
ingested alcohol
from a ‘benign source’ such as alcohol based paint
or solvents, mouthwash, or
drugs (prescription or over-the-counter)) be aware that you can still
be
arrested for a Florida DUI.
After being
charged with a Florida DUI you’re going
to face two adversaries: the criminal courts, and the Florida
Department of
Motor Vehicles. DMV hearings are crucial to Florida DUI defense
attorneys as
they can cross-examine testimony and confront evidence presented by
those
involved in your arrest and investigation.
You have only
10 days after being cited for a Florida
DUI before your license will be suspended. A hearing can be requested
to try
avoid losing driving privileges. Your license will be lost if a hearing
is not
requested, for not appearing, or for an unsuccessful outcome. DMV
sanctions
will be imposed – even if you are found not guilty in a
criminal court case.
Remember,
a Florida DUI stays on your driving record for life, with a
‘look back’ period
of 5 to 10 years. Get busted within a proscribed time year period (5 to
10
years) and enhancements will be enforced. A Florida DUI which results
in
property damage, serious bodily injury or death is a very serious
charge which
can mean loss of driver’s perhaps forever, years of
imprisonment, thousands in
fines, impounded or forfeited vehicles. Consequently, this demands the
attention,
expertise, and skilled negotiating powers of a Florida DUI attorney.
These
are just a few more good reasons why you need a knowledgeable and
experienced Florida
DUI attorney by your side and on your side. In any case, when you are
stopped
and arrested for suspicion of a Florida
drunk driving
charge, ask to see a Florida DUI attorney --
the sooner the better.
--
Info You Should Know --
Was I Stopped
Legally?
Basically you
were stopped because of an equipment
failure or an officer had probable cause to think you were driving in
an
impaired manner. Arrests for drunk driving in every state focuses on
four
areas: driving
patterns, physical appearance, field
sobriety tests, and chemical
tests.
Not all reasons
offered by officers are always legal.
Check with a Florida DUI attorney who will examine all the different
aspects of
your case, will defend you aggressively and try to mitigate any
penalties.
I’m
Simply Going To
Plead Guilty, Why Do I Need A Lawyer?
An
experienced and skilled DUI lawyer may be able to help mitigate your
problems
by minimizing your legal problems and maximizing your defense. A
Florida DUI
conviction can reflect on credit ratings, job opportunities, insurance
premiums,
educational opportunities, business and professional licenses, ability
to
travel, owning a car, personal freedom and in other ways you might not
be aware
of. A Florida DUI defense attorney will level the playing field between
you and
the prosecution, effectively present your side of the case while
safeguarding
your constitutional rights.
Should I Retain A Florida DUI Attorney
for My DUI Charge?
Florida DUI
convictions and penalties can be long lasting
and severe, both in court and with the Department of Motor Vehicles which
regulates your driving privileges. These
penalties and the numerous, complicated laws relating to DUI charges
should be
taken very seriously. It is next to impossible to beat, or even
mitigate a DUI
charge without an experienced Florida DUI lawyer.
What’s
A DUI
Defense Attorney Going To Cost?
One
of the biggest concerns for people charged with a DUI are attorney
fees. As
cases vary, so does cost. Most people don’t realize that
money spent now on
skillful help from a Florida DUI attorney might save them thousands of
dollars
in the years to come. Can you put a price tag on your rights, your name
and
your freedom?
What Happens In
Court?
You’ll
have to make several appearances. In a criminal case
you have the right to a jury trial with presumption of innocence, but
once
convicted, it can be up to the judge what punishment you will receive.
The
sentencing range, and whether the offense will be a misdemeanor or a
felony, is
based on a number of things. These incidents include aggravated
circumstances,
prior Florida administrative
actions, criminal court cases, out of state
DUI convictions, or refusal to submit to a BAC test.
In
addition, a
judge may require you to participate in alcohol or drug treatment
programs as
part of a parole (probation) program or have an ignition interlock
device
installed on your vehicle. Also a condition of parole may be that you
not drink
or congregate where any alcoholic beverages are served (save for ball
parks,
concerts, restaurants).
Can I Plea
Bargain?
It is next to
impossible to beat or plea bargain a Florida
DUI charge without experienced Florida DUI counsel. Often
an effective
Florida DUI Lawyer will be able to negotiate a plea to a lesser
charge. While plea bargaining is extremely advantageous to
anyone accused
of a DUI, one must remember that if the original charge was a DUI, a
conviction,
including any lesser crimes, will still count as a prior for
calculating the
mandatory minimum penalties.
Remember that
Florida DUI convictions and penalties can be
long lasting and severe. The laws relating to the courts, motor
vehicles and
DUI convictions can be complicated so the charges should be taken very
seriously.
Is Punishment by the Department of Motor Vehicles
and the Court System
Double Jeopardy?
Like most states Florida DUI law permits
the enforcement of administrative penalties in addition to court
punishments. Florida considers driving a privilege, not a right, and
not subject to the
protection of civil liberties. Florida’s DMV
administers driver’s licenses, imposes civil penalties, and
also serves as the
judge, jury and metes out punishment as well.
What Are
Statutory Assessments?
Additional
court costs, depending on
the penal or vehicle code violated are mandated by state statue.
What
if I Am An Out
of State Driver?
Be advised that
45 states and the District of
Columbia have an out of
state Driver’s
License Compact Agreement. This means that Florida DUI convictions will
be
reported to your home state which will generally take action to suspend
your
license. Offenses for out of state drivers can also create other
complications.
Consequently, it’s imperative that you contact a local
Florida DUI attorney to
walk you through the procedures and insure that you don’t
face complications
with bail, jail, and your driving privileges in and out of Florida.
What
if I’m Convicted?
Please
note that DUI laws can change from year to year. Also penalties, fines,
etc.,
can vary due to Florida DUI enhancements (see below) and for juvenile
offenders. It’s best to get an educated, up to date opinion
on the specific circumstances
of your case via a referral to one of our veteran Florida DUI attorneys.
–
Florida
DUI Criminal Penalties –
1st
Florida
DUI
Offense
6
months in jail.
BAC
of .20%, or minor in vehicle up to 9 months in jail.
$250
up to $500 in fines. BAC of 20%, or minor in vehicle $500 to $1000 in
fines.
$500
to $1,000 in fines
for BAC of 2.0 or
higher, or if a minor was in the vehicle.
Up
to 6 months interlock ignition device for your vehicle (at your
expense). Up to
9 months if a minor is in the car or BAC is .20%.
Mandatory
50 hours of community service, or $10 for each hour of service.
1
year total time for incarceration and probation.
Conditional
license after completion of DUI school.
Mandatory
Florida DUI school completion, alcohol and substance abuse education
and treatment
if referred.
Failure
to complete the DUI school, or programs will result in cancellation of
any
driving privilege until they are completed.
Proof
of liability insurance, possibly high risk SR-22,
will be
required.
Vehicle
Impound 10
days unless hardship
can be proven, or operated solely by employees.
Time
spent in a
residential alcoholism or drug abuse treatment program may be credited
toward a
term of imprisonment.
2nd
Offense
Up
to 9 months in
jail.
BAC
of 20%, or
minor in vehicle up to 1 year.
Mandatory10
days in
jail (for conviction within 5 years)
$500
to $1,000 in
fines.
BAC
of .20%, or a
minor in vehicle, $1,000 to
$2,000 in
fines.
180
days to 1 year
license suspension.
Minimum
5-year
revocation if conviction is within 5 years of the 1st conviction.
May
be eligible for
hardship license after 1 year license suspension.
The
full revocation
period must be served before requesting driver’s license
reinstatement.
Must
complete a
Traffic Law
&
Substance Abuse Program
and receive a
favorable recommendation from the Special Supervision Services Program
before
any hardship reinstatement can occur.
Mandatory
ignition
interlock device for 1 year.
2
year ignition
interlock if a minor is in the car or BAC is .20%.
30
days vehicle
impound if offense is within 5 years of first. May be waived if family
of the
defendant has no other transportation.
Must complete DUI
school (21 hours)
following conviction and must be completed.
Court may grant community service in lieu of Florida DUI fines if
defendant is
unable to pay.
Must
remain in the
Special Supervision Services Program for the duration of the revocation
period
to retain your hardship license.
Failure
to complete
an educational or substance abuse program will result in cancellation
of driver’s
license until completion of course(s).
30
days vehicle
impound (for 2nd DUI within 5 years).
Proof
of liability
insurance required.
3rd
DUI offense
A
felony conviction.
30
days mandatory
jail for conviction within 10 years of a prior conviction.
10
year license revocation
for 3rd DUI within a 10-year period. May be eligible for hardship
reinstatement
after 2 years.
After
10 year
period , 6 months to 1 year license revocation.
If
2 of the
convictions fall within 5 years, a 5 year revocation will apply. Not
eligible
for a hardship license, until the revocation period is over.
$1,000
to $2,500
fines for 3rd conviction in more than 10 years.
$2,000
fine for BAC
of .20% or minor in the vehicle,.
$5,000
fine for 3rd
conviction within 10 years.
Completion
of a
Traffic Law
&
Substance Abuse Program
with favorable
recommendation from the Special Supervision Services Program before any
hardship reinstatement can occur.
90
days vehicle
impound (for 3rd conviction within 10 years).
4th
DUI offense
5
years in jail for
a habitual offender.
Mandatory
permanent
revocation of license for vehicular death.
There
is no
provision for a hardship license.
$1,000
in fines.
$2,000
for BAC of
.20% or higher or minor in the vehicle.
Plus
any or all of
the above.
What If I
Refused a BAC Test?
Refusal
to submit
to a breath, urine, or blood test will be used by the prosecution as an
“implied
admission of guilt” for
evidence in
Florida DUI criminal proceedings.
1st
refusal,
license suspended for 1 year.
1st
refusal, 90 days suspension
of license suspension before eligibility for a hardship license.
Mandatory
substance abuse treatment
may be required. Failure to complete treatment will result in
cancellation
of your driver license.
Proof of
enrollment in a DUI School, with a
favorable recommendation is mandatory before consideration for
a hardship license.
Failure to
complete any mandated
course within 90 days will result in cancellation of your driver
license until
the course is completed.
2nd
or subsequent
refusals, license suspended for 18 months.
No hardship
license is permitted
after 2 refusals for a BAC test.
1st
refusal in a
commercial motor vehicle, license suspended for 1 year.
2nd
or subsequent
refusals results in permanent revocation commercial license. No
hardship reinstatement
permitted.
Blood
may be
withdrawn involuntarily by authorized medical personnel in Florida DUI
cases. Be
advised of the confidentially laws concerning the dispersing of medical
information.
Underage DUI
1st offense,
6-month license
suspension
2nd offense,
1-year license
suspension.
1st
refusal of BAC test,
1 year license suspension
Subsequent
refusals 18 month license
suspension.
Must complete a
Traffic Law
& Substance Abuse Program before any
hardship reinstatement can occur.
-- Florida
Department of Motor Vehicles
Administrative Penalties --
DM
Offenses
1st
offense, 6
months suspension
of license.
Subsequent
offenses, 1
year suspension.
1st
offense for refusal of BAC test, 1
year suspension.
Subsequent
refusals 18
months
suspension.
If eligible a
temporary driver’s
permit valid for 10 days will be issued from the date of arrest.
Can I Get a
Hardship License?
Not if you have
refused to submit to
a chemical test twice..
Provide proof
of enrollment in a Florida DUI School.
Failure to
complete the DUI school
within 90 days will result in cancellation of your driver’s
license by the
department until the course is completed.
Substance abuse
treatment, if
referred, is required. Failure to complete treatment will
result in cancellation
of your driver’s license.
Proof of
liability insurance plus
fees will be required.
Mandatory
ignition interlock device
is required for up to 6 months for BAC of .20%, or for 2 years if BAC
is greater
than .20%.
2nd
conviction mandatory
ignition interlock device
for 1 year.
2nd
conviction within 5 years
requires 5 year revocation. Application for hardship license
reinstatement
accepted after 1 year.
Applicant
must not
consume any alcoholic beverage, controlled substance or drive a motor
vehicle
for 12 months prior to reinstatement.
3rd
conviction, application
for
hardship reinstatement hearing after 2 years and completion of DUI
programs.
What
Happens To A Commercial License after
a DUI?
Florida DUI
limit for a CDL is .04% BAC.
1 year license
revocation for 1st offense or refusal to take breath test.
1 year
suspension for driving a commercial motor vehicle while in
possession of a controlled substance. (In addition to other provisions
for DUI
convictions).
3 years
suspension if transporting
hazardous materials when arrested.
Failure to
complete any substance
abuse treatment will result in cancellation of driver license.
Proof of
liability insurance and
reinstatement fees will be required.
Lifetime
disqualification of license for 2nd offense.
No hardship
provisions.
Impounding a
Vehicle
1st
conviction 10 days impound.
2nd
conviction within 5 years is 30 days.
3rd
conviction within 10 years is 90 days.
The
court may dismiss the order of impoundment of any vehicles if it causes
an
undue hardship on family, or if vehicles are operated solely by the
employees
of the defendant.
--
Disclaimer --
Only
educated and licensed Florida DUI attorneys should provide you with
bonified
legal consultation. Consequently, the aforementioned information on
this web
site should not be construed as legal advice, rather suggestions and a
range of
helpful information and should not be substituted for consulting with
an
accredited Florida DUI attorney. There is no warrantee, expressed or
implied
herein. Florida DUI issues are complicated, laws change and litigation
takes
experience. Please let us refer you to a seasoned Florida DUI
professional.
--
Citations --
s.
316.193, F.S. DUI law
s.
316.193 (6)(a),
F.S. (community service)
1st
DUI Fine Schedule s. 316.193(2)(a)-(b), F.S
(fines)
Section
316.193, Florida
Statutes
Requires Ignition Interlock Devices to be Installed in the
Vehicles of Persons Convicted of DUI.
Driver
License Revocation Periods for DUI-s. 322.271,
F.S. and s. 322.28,F.S.
Probation
- s. 316.193 (5)(6), F.S.
Commercial
Motor Vehicles (CMV) Alcohol-Related
Convictions/Disqualifications-s. 322.61, F.S.
Conditions
for Release of Persons Arrested for
DUI-s. 316.193 (9), F.S
DUI
Misdemeanor Conviction: (Accident Involving
Property Damage or Personal Injury)-s. 316.193 (3), F.S.
DUI
Misdemeanor Conviction: (Accident Involving
Property Damage or Personal Injury)-s. 316.193 (3), F.S.
DUI
Felony Conviction: (Repeat Offenders or
Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.
Imprisonment-
s. 316.193 (2)(a) 2, 4(b), (6)(j),
F.S.
Business
Purposes Only/Employment Purposes Only
Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.
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