florida dui defense

Florida DUI Defense

  • DUI is one of the most common criminal offenses in Florida.
  • DUI is one of the most complex crimes to defend.
  • You must address a DUI charge immediately to minimize your penalties.
  • First time no-accident DUI fee $3,500.

Driving Under the Influence

DUI is a serious offense. It occurs when:

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

A DUI can occur in a motor vehicle (car, truck) or “vehicle” such as a golf cart, a scooter, etc. Law Enforcement Officers are trained in the Phases of DUI Detection and are looking for people who exhibit certain driving characteristics.

DUI Penalties

Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:
1. By a fine of:
a. Not less than $500 or more than $1,000 for a first conviction.
b. Not less than $1,000 or more than $2,000 for a second conviction; and
2. By imprisonment for:
a. Not more than 6 months for a first conviction.
b. Not more than 9 months for a second conviction.
3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license.

For information on additional penalties please read section 316.193, Florida Statutes. A run down of almost all the penalties you are facing when you have been charged with DUI in Florida can be located on the DMV Florida DUI and Administrative Suspension Law page.

How a DUI Immediately Affects Your Driver’s License

After you have been arrested for driving under the influence, the Florida Department of Highway Safety and Motor Vehicles [DMV] will automatically suspend your driving privilege in the State of Florida if A) you blew over a 0.08 on the breathalyzer, or B) you refused to blow. This suspension is automatic and immediate.

You Only Have 10-Days to Avert the Suspension

You have 10-days from your arrest to address the administrative suspension. The DUI citation will act as a temporary “Business Purpose Only” license during this time. There are no “extensions” for these ten days.

Things You Should Do Immediately After A DUI Arrest

If you refused to blow or blew over 0.08 during your DUI arrest you need to immediately contact a lawyer regarding the criminal charge of DUI and the administrative license suspension.

If you delay your temporary driving privilege will end and the automatic administrative suspension will begin. This means you must completely stop driving until the suspension ends or you obtain a temporary driving permit.

Sign Up For Classes, Counseling

If you refused to blow or blew over 0.08, you also need to do the following:

  • Sign up for the DUI Counter-Attack Class (and eventually complete it).
  • Sign up for the Victim Awareness Panel (and eventually complete it).
  • Be enrolled and actively participating with any counseling required (and complete it).

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