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Posted by on March 20, 2023

Getting charged with a Driving Under the Influence (DUI) violation in Florida can be daunting. The consequences of being convicted of DUI are serious and wide-ranging. From expensive fines to the potential of losing your license or even doing time in jail. To understand how best to navigate these penalties, it is important to become knowledgeable about relevant DUI laws in the state. This article looks at five essential points concerning driving under the influence that you should know if you are living in or traveling through Florida. We’ll explore topics such as setting blood alcohol concentration (BAC) limits for adults and minors, different types of DUIs, testing methods for determining intoxication levels, available criminal defenses for persons accused of intoxicated driving offenses. Lastly we will look at prevention tips for avoiding charges associated with drunk driving altogether. There’s no denying that DUIs can have a profound impact on your life so familiarize yourself with the necessary details today by reading our guide! Contact Hanlon Law in Bradenton for further assistance. 

Definition of DUI in Florida

In Florida, driving under the influence (DUI) is any situation where an individual operates a vehicle with a blood alcohol concentration of .08 or higher. It is also considered impaired DUI if someone drives while under the influence of drugs and/or other impairing substances. The age limit for DUI in Florida is 21 years old. This means that underage individuals can be charged with more serious penalties than those older than 21 who are found guilty of the same offense.

The consequences for being convicted of DUI vary greatly depending on several factors, including whether it’s a first-time offense and how high their blood alcohol level was at the time they were pulled over by law enforcement officers. Generally speaking, fines start at $500 and can go up to thousands of dollars. This is not counting other related fees like court costs and fees associated with license revocation which may be imposed once convicted. Additionally, jail sentences range from 6 months for first-time DUI offenses to up to 5 years for multiple violations during one period in time or having an excessively high BAC level when arrested. 

Penalties and Consequences of a DUI Conviction

 

The state of Florida takes drunk driving very seriously as penalties for DUI convictions can be significant. This means that a conviction is likely to involve considerable fines and in some cases even jail time. It’s important to note that under the implied consent law of Florida, you are automatically subject to an administrative action. Regardless of your court case result. Changes will also occur regarding your driver’s license. A first-time offense may result in an administrative suspension or revocation without any added points on your record, should you fail or refuse the Breathalyzer test administered by police during an arrest. Subsequent DUIs will mean certain license suspension with escalating duration if charged again within five years from a prior conviction. This could go up from 1 year up to 10 years maximum depending on the number of listings obtained throughout the specific timespan. These suspension periods do not run concurrently which means that if you receive multiple sentences, they can overlap each other resulting in several uninterrupted months without being able to drive legally at all. Finally, laboratory testing fees for drawing blood alcohol levels must normally be paid right away. 

Setting Blood Alcohol Content Limits

 

Setting the blood alcohol content (BAC) limits for driving under the influence (DUI) is an important part of Florida DUI law. The legal limit in Florida, as it stands today, is 0.08% and 0.04% for commercial vehicle operators who are aged 21 or older. This BAC limit provides law enforcement officers with a reason to pull over a driver they believe may be impaired due to drinking and subsequently arrest them if their BAC reading exceeds 0.08%.

It is important to keep in mind that even if your BAC test results show a reading below the legal limit, you can still be arrested under certain circumstances. This includes drinking while under age 21 or exhibiting signs of impairment attributable to substances other than alcohol. In addition, those individuals charged with drunk driving must also adhere to “zero tolerance” laws which prohibit any trace amount of alcohol being present while operating motor vehicles. Anything above .02 can result in further criminal charges and fines including potential jail time if convicted. Regardless of lowered impaired ability from .05-.07% range as would be assumed had you not been over .08%. Therefore breathalyzers must be checked periodically both before getting behind the wheel as well after consuming any amount of alcoholic beverages no matter how slight. Depending on individual circumstances and condition, abilities might end up diminished significantly enough at lower levels compared to resultantly greater degree when tested out by police officers. Should circumstances require checking roadside measures, setting up meeting regulations established nationally will help ensure safer roads. 

Implied Consent Laws in Florida

 

Implied Consent Laws in Florida are part of the state’s Driving Under the Influence (DUI) laws. The law requires drivers to submit to a chemical test, such as breath, blood, or urine tests for alcohol, when requested by a police officer after being arrested for DUI. This implies that all individuals driving on Florida roads have given implied consent to be tested and have accepted responsibility for any legal ramifications associated with refusing.

To refuse to test in violation of Implied Consent Laws in Florida, an individual must provide proof their refusal was valid. In other words, they were not legally required to take the test due to medical conditions or mental incapacity rendered them unable to comply. This, and examples like it, might qualify as exceptions when it comes time for standing still in trial amidst DUI charges pertaining to this subtle crime. 

Ignition Interlock Devices

 

Ignition Interlock Devices (IID) have gained traction in recent years as a way to prevent drivers under the influence of alcohol from getting behind the wheel. In Florida, IIDs are becoming increasingly mandated by court systems for those who have been convicted of DUI. An IID is placed in your vehicle and requires you to take a breathalyzer test before you can start it. Should your blood alcohol content be over the established legal limit, your car won’t start. This device helps ensure that drivers adhere to their probation period without drinking or consuming any drugs before driving and keeps roads safer for all motorists alike.

The use of an IID does come with certain limitations however. There is typically a monthly fee associated with its installation and service contract plus additional fines required for removal when the obligations have been fulfilled. Additionally, should you wish to remove or reprogrammed an interlock device you must receive permission from both law enforcement agencies such as police departments, and government offices like DMV. All these rules are set up to help reduce incidents resulting from impaired driving while keeping everyone safe on our roadways.

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