Summary:
- Florida has a zero-tolerance policy for drivers under the age of 21 who are caught driving with any amount of alcohol in their system.
- The legal blood alcohol concentration (BAC) limit for drivers over 21 is 0.08%, but drivers can still be charged with a DUI if their BAC is lower if they are impaired.
- Refusing to take a breathalyzer test can result in automatic driver's license suspension.
- Penalties for a DUI conviction in Florida can include fines, jail time, community service, and driver's license suspension or revocation.
- Repeat DUI offenders in Florida face harsher penalties, including longer jail time and mandatory installation of an ignition interlock device.
Driving under the influence (DUI) is a serious crime in Florida that can result in harsh penalties, including fines, jail time, and driver's license suspension. If you have been charged with a DUI in Florida, it is important to understand the state's DUI laws and how they may affect your case. In this article, we will explore what you need to know about Florida's DUI laws.
Florida's Zero-Tolerance Policy for Underage Drivers
Florida has a zero-tolerance policy for drivers under 21 who are caught driving with any alcohol in their system. This means that underage drivers can be charged with a DUI even if their blood alcohol concentration (BAC) is below the legal limit of 0.08%. Penalties for an underage DUI conviction in Florida can include fines, community service, driver's license suspension, and even jail time.
The Legal BAC Limit for Drivers Over 21
For drivers over 21, the legal BAC limit in Florida is 0.08%. However, drivers can still be charged with a DUI if their BAC is lower if they are impaired. This means that even if you are below the legal limit, if a police officer believes you are impaired, you can still be arrested and charged with a DUI.
The Consequences of Refusing a Breathalyzer Test
When a police officer suspects a driver of DUI, they may ask the driver to take a breathalyzer test to determine their BAC. While you have the right to refuse a breathalyzer test, doing so can result in automatic driver's license suspension. Additionally, refusing to take a breathalyzer test may be used against you in court as evidence of guilt.
Penalties for a DUI Conviction in Florida
Penalties for a DUI conviction in Florida can be severe and may include fines, jail time, community service, and driver's license suspension or revocation. For a first-time DUI conviction, penalties can include up to 6 months in jail, a fine of up to $1,000, and a driver's license suspension of up to 1 year. Repeat DUI offenders in Florida face even harsher penalties, including longer jail time and mandatory installation of an ignition interlock device.
Defenses to DUI Charges in Florida
While a DUI conviction in Florida can result in serious consequences, there are defenses that an experienced DUI defense attorney can use to help you avoid conviction or reduce the penalties. For example, an attorney may challenge the results of a breathalyzer test or field sobriety test, argue that the police officer did not have probable cause to stop you, or negotiate a plea deal that results in reduced charges or penalties.
Conclusion
If you have been charged with a DUI in Florida, it is important to understand the state's DUI laws and how they may affect your case. By knowing the legal BAC limit for drivers over 21, the consequences of refusing a breathalyzer test, and the penalties for a DUI conviction, you can make informed decisions about how to proceed with your case. Hiring an experienced DUI defense attorney who can help you understand your legal options and defend your rights is also important.
Q&A FAQ:
Q: What is the difference between a DUI and a DWI in Florida? A: In Florida, the terms DUI (driving under the influence) and DWI (driving while intoxicated) are used interchangeably and refer to the same offense of driving under the influence of alcohol or drugs.
Q: Can I get a restricted license after a DUI conviction in Florida? A: In some cases, you may be able to apply for a restricted license after a DUI conviction in Florida. This may allow you to drive for limited purposes, such as work or school. However, there are strict eligibility requirements, and you may need to install an ignition interlock device on your vehicle.
Q: How long will a DUI conviction stay on my record in Florida? A: A DUI conviction in Florida will stay on your criminal record for 75 years. This can have long-term consequences for employment, housing, and other areas of life.
Q: Can I still be charged with a DUI if I was not driving a car? A: In Florida, you can be charged with a DUI if you are operating a vehicle while under the influence of alcohol or drugs. This can include not only cars but also motorcycles, boats, and other types of vehicles.