Florida laws treat reckless driving seriously. If a person is found driving under the influence (DUI), they may be subject to severe consequences that could seriously impact their future. Understanding what happens when you get a DUI in Florida and the potential penalties associated with a DUI conviction may allow you to navigate the legal process more confidently.
Being arrested for driving under the influence can be highly stressful. If you are aware of what the process entails, it may permit you to act in the most optimal way possible for the benefit of your case.
A law enforcement official may pull you over if your behavior behind the wheel is reckless or if you are found to be violating traffic laws. If, during the time of your stop, the officer suspects that you are driving while impaired, they may administer a sobriety test.
During a lawful stop, an officer can assess whether or not you are too impaired to drive through a breathalyzer test, which checks your blood alcohol level (BAC), or by performing field sobriety tests such as walk and turn, one leg stand, and horizontal gaze nystagmus.
Failing a sobriety test may be sufficient probable cause and can lead to an immediate arrest. You may also be subject to an administrative license suspension, and you will be brought to a police station and booked.
Once arrested and booked, you may be able to post bail. If the DUI led to serious bodily injury or property damages, you may be held in custody until your scheduled arraignment.
You have the right to legal representation following a DUI arrest. You are highly advised to comply with law enforcement orders and remain silent until you can contact a criminal defense attorney.
According to Florida’s Department of Transportation (FDOT), a quarter of all motor vehicle deaths in the state are associated with a case of impaired driving. This devastating reality is one of the reasons behind Florida’s strict DUI penalties.
According to Florida Statute § 316.193, a person is guilty of driving under the influence (DUI) if they are operating or have physical control of a motor vehicle and are under the influence of alcohol or drugs prescribed or otherwise. Whether a person is impaired or not may be determined through a chemical test or if their BAC is above 0.08. The statute lays out the penalties for a DUI offense, which can include:
A second DUI request carries additional penalties, including the requirement to have an approved ignition interlock device for up to one year. Subsequent DUI convictions and DUI incidents that result in serious bodily injury lead to significant increases in prison time and fines and can even result in your license being revoked. Refusal to take a sobriety test during a lawful stop can also lead to a license suspension of at least one year.
Based on the severity of DUI penalties, it is key that you present a strong defense in your DUI case to avoid a conviction and associated penalties. Hiring a seasoned Florida DUI lawyer with years of practice defending these types of criminal cases can result in a positive outcome for your case. Depending on the facts of the incident, your charges could be dropped, or you may be acquitted by a judge or a jury.
The outcome of your case is dependent on your defense. Some potential defenses available to those charged with a DUI can include:
A: When a person is convicted of a DUI in Florida for the first time, they face various penalties. These can include fines of up to $1,000, a maximum of six months in confinement, and a license suspension of up to one year.
Aggravating factors like a blood alcohol level above 0.15, bodily injury to others, property damage, or the presence of a minor in the vehicle at the time of the incident may increase first-time conviction penalties.
A: Following a DUI arrest, and if you refuse to submit to a breathalyzer or a field sobriety test, you may receive an immediate driver’s license suspension for up to one year. A law enforcement officer may provide you with a temporary license valid for up to 10 days. You have a limited time to request a hearing with Florida’s Department of Highway Safety and Motor Vehicles.
A: Depending on the facts of your case and your defense, you may be able to have a DUI charge dismissed. To do this, your attorney should demonstrate that you were not lawfully stopped or that your BAC was incorrect. You may also present evidence of procedural errors to potentially have your DUI charge thrown out.
A: Following a DUI arrest, you may request an administrative hearing to have your administrative license suspension reviewed. If you are successful, your license may be reinstated.
A conviction for DUI leads to an automatic suspension of your driving privileges. To reinstate them, you should complete your sentence requirements, including paying any required fees, completing any required probation, and utilizing an ignition interlock device. You may also be required to attend a substance abuse education course.
It is important that you are aware of what happens when you get a DUI in Florida so that you can take adequate action. If you or your loved one have been arrested for a DUI in Florida, the Law Offices of Nellie L. King can provide compassionate legal support throughout the process. We fight aggressively for your rights in court. Contact us today to discuss the details of your case.