Florida DUI Laws
Like every state in the country, Florida has strict and specific laws that govern driving under the influence of drugs or alcohol. Because driving while intoxicated is extremely dangerous behavior, Florida’s DUI laws are designed to prevent drivers from getting behind the wheel after having a drink, and to punish those who have put themselves and others at risk.
Per Se and Implied Consent Laws
Florida’s per se laws dictate that the legal limit for an individual’s blood alcohol content, or BAC, is 0.08%. Under this statute, drivers who have a BAC at or above the legal limit can be arrested and charged with a DUI. It is important to note that if your BAC is under 0.08% but you exhibit signs of being intoxicated, you may still be charged for a DUI.
In order to determine a driver’s BAC, law enforcement must administer a chemical test to the suspected drunk driver. Under Florida’s Implied Consent laws, all licensed drivers who operate a vehicle on a public roadway in the state agree to have their breath, blood or urine tested if they are stopped on a suspicion of drunk driving. Refusal to submit to the State-administered test could result in elevated penalties if you are convicted of or plead guilty to a DUI.
Whether it is your first or your fourth, a DUI conviction carries with it a number of costly penalties and will leave an indelible mark on your criminal record. Although the specific penalties for a DUI conviction vary slightly from case to case, most involve some type of fines, jail time, community service, license suspension, and vehicle impoundment. In more serious cases, the convicted drunk driver may be required to have an ignition interlock device installed on his vehicle.
Fighting Your Charge
Just because you are charged with a DUI in Florida does not mean that you will be convicted of this infraction. Working with an experienced attorney who is adept at navigating the complicated legal proceedings of a drunk driving case is the most effective way to fight to minimize the penalties you may be facing.