General Information About Dui

Florida's Stance on DUI

When it comes to driving under the influence (DUI), Florida takes a tough, zero-tolerance approach. The Sunshine State's lawmakers, law enforcement officers, and courts aim to discourage impaired driving through stringent penalties and aggressive prosecution. As a result, even first-time DUI offenders may be subject to significant fines, license suspensions, and possibly jail time, all of which can severely impact a person's career, finances, and personal freedom.

Beyond the criminal consequences, a DUI record can affect areas of your life such as employment opportunities, professional licensing, and insurance costs. Understanding the basics of Florida's DUI laws can help you make informed decisions about your case, and hiring an experienced attorney is crucial to protecting your rights at every stage.

Key Points to Know

1. Legal BAC Limit

• In Florida, a Blood Alcohol Concentration (BAC) of 0.08% or higher typically triggers a DUI charge for drivers 21 and older.

• Lower Thresholds: For drivers under 21, Florida enforces a zero-tolerance policy, any detectable BAC of 0.02% or higher can lead to penalties, including license suspension.

• Commercial Drivers: If you hold a Commercial Driver's License (CDL), the legal limit drops to 0.04%.

2. Enhanced Penalties

• A BAC of 0.15% or higher or having a minor in the vehicle often results in harsher sanctions, such as increased fines, longer jail sentences, and extended probation periods.

• Additional penalties may involve mandatory installation of an ignition interlock device (IID), vehicle impoundment, or community service.

3. Multiple Offenses

• Florida law treats repeat offenses escalatingly. A second or third DUI offense can quickly lead to felony charges, even more substantial fines, and longer incarceration.

• Habitual offenders risk facing long-term license revocation, significantly limiting their ability to commute or secure employment.

Additional Considerations

1. Administrative vs. Criminal Proceedings

• A DUI arrest triggers two separate processes: criminal court proceedings and an administrative license suspension handled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

• If you do not take action within 10 days of your arrest to request a formal review hearing, your license can remain suspended for a significant period.

2. Implied Consent Law

• By driving in Florida, you consent to chemical tests (breath, blood, or urine).

• Refusing these tests typically results in an automatic license suspension of up to one year for a first refusal and can be used as evidence against you in court.

3. Collateral Consequences

• Beyond legal penalties, a DUI conviction can affect child custody, professional licensing, and international travel.

• The stigma of a DUI can also strain relationships with family, friends, and colleagues.

How The Law Place Can Help

A thorough, strategic defense can make all the difference in a DUI case. At The Law Place, we have attorneys with specialized training in forensic toxicology, breathalyzer technology (including the Intoxilyzer 8000), and field sobriety test protocols. Here's how we work to protect your rights:

• Evidence Collection & Analysis: We gather police reports, video footage, breath machine maintenance records, and any witness statements to identify weaknesses in the prosecution's case.

• Challenging Probable Cause: Law enforcement must follow strict procedures when conducting a traffic stop, administering field sobriety tests, and making an arrest. We'll scrutinize every step to ensure no constitutional rights were violated.

• Expert Consultations: In complex DUI cases, especially those involving high BAC or drug-related impairment, we consult with forensic experts who can testify about scientific or medical factors that may invalidate the prosecution's claims.

• Aggressive Negotiation & Litigation: Whether your goal is to negotiate a reduction of charges or fight in court for a dismissal, our team is prepared to advocate zealously on your behalf.

We Care About Your Future, Don't Leave It to Chance, Contact Us Today!

If you've been charged with DUI, you don't have to navigate Florida's legal system alone. Let our experienced team at The Law Place guide you through every step of the process. Schedule a free consultation today to gain personalized legal advice and understand the best possible defense options for your unique situation. We're here to protect your rights and work toward minimizing the impact on your future.