Understanding Florida DUI Law
Whether you live in the State of Florida or another State, driving under the influence of alcohol or drugs is considered dangerous to yourself and others. It is also illegal. Much like other States, Florida DUI law is very strict and harsh to offenders. Therefore it is important to move quickly and hire a Florida DUI attorney as soon as possible. The following is a brief background in Florida DUI law and illustrates the significance of hiring a FL DUI attorney as quickly as you can.
Florida DUI Penalties
The State of Florida DUI laws prohibit anyone driving with a blood alcohol level of 0.8 percent or higher. If you are driving a commercial vehicle, that limit is reduced to 0.4 percent. If you are convicted of a DUI in Florida, there are several criminal and monetary consequences.
If it is your First FL DUI Offense, the potential penalties are:
For a blood alcohol level between .08 and 1.5:
- Six (6) months maximum jail sentence – but no mandatory minimum sentence.
- Fine of $500 to $1000
- License suspension from 180 days to 1 year.
- Hardship reinstatement after completing 12 hours of Florida DUI school.
- Community service of 50 hours or a fine of $10 for every hour of service required
- Vehicle impounded for 10 days
- Ignition Interlock Device of up to 6 Months
Additional penalties for a blood alcohol level above1.5:
- Nine (9) months maximum jail sentence – but no mandatory minimum sentence.
- Fine of $1000 to $2000 (This fine is also administered if a minor is in the vehicle and your blood alcohol level is below 1.5)
If it is your Second FL DUI Offense, the potential penalties are:
For a blood alcohol level between .08 and 1.5:
- Nine (9) months maximum jail sentence – (mandatory 10 days if within 5 years of first Florida DUI offense).
- Fine of $1000 to $2000
- License suspension for 5 years (if within 5 years of first Florida DUI offense).
- Hardship Reinstatement available after 1 year and only after completion of Florida DUI school)
- Ignition Interlock Device – Required for 1 Year
- Vehicle impounded for 30 days if within 5 years of previous offene
Additional penalties for a blood alcohol level above1.5:
- Twelve (12) months maximum jail sentence
- Fine of $2000 to $4000 (This fine is also administered if a minor is in the vehicle and your blood alcohol level is below 1.5)
- Ignition Interlock Device – Required for 2 Years
If it is your Third FL DUI Offense, the potential penalties are:
For a blood alcohol level between .08 and 1.5:
- Twelve (12) months maximum jail sentence – (mandatory 30 days if 3rd conviction is within 10 years of first Florida DUI offense).
- Third degree felony if it is within 10 years
- Fine of $2000 to $5000
- License suspension for 10 years (if within 10 years).
- Hardship Reinstatement available after 2 years and only after completion of Florida DUI school)
- Ignition Interlock Device – Required for 2 Years
- Vehicle impounded for 90 days if it is the third conviction within 10 years
Additional penalties for a blood alcohol level above1.5:
- Fine of $4000 minimum (This fine is also administered if a minor is in the vehicle and your blood alcohol level is below 1.5)
For your fourth offense the penalties increase dramatically. The potential jail time is 5 years maximum and lifetime suspension of your driving license with no hardship reinstatement. However there is a new 10 year waiting period to possibly reinstate a convicted person’s driving license.
Recent Appeal of Florida DUI law Falls Short
On December 1, 2011 a Florida judge rejected an appeal to declare Florida DUI law unconstitutional on the grounds that the State does not give Florida DUI attorneys access to information about breathalyzer machines despite these machine’s use in thousands of DUI cases across the state.
The judge rejected the appeal because information about the breathalyzer machine used in Florida DUI cases – the Intoxilyzer 8000 – is provided by court order from the Kentucky manufacturer. The judge left open the opportunity to refile an appeal if the information is not forthcoming.
Get Yourself a Florida DUI Attorney
If you have been brought up on charges for a DUI, it is imperative that you get an experienced FL DUI attorney immediately. First, your DUI citation acts as your temporary drivers license for only 10 days following your arrest. Add this to the potential of losing your license shortly thereafter should be enough to encourage you to seek counsel fast. Secondly, and perhaps more importantly, you only have 10 calendar days after your arrest to request a DMV hearing. If you fail to request a hearing, you forfeit your chance to challenge your DMV suspension.
An experienced Florida DUI attorney can save you the aggravation of dealing with tedious but important statue of limitations. In addition, a FL DUI attorney may be able to save your driving privileges from suspension and perhaps help you win your case. Some occasions require hiring a professional. Getting arrested for driving under the influence of alcohol or drugs is without question the time to hire a professional Florida DUI attorney.
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