First DUI and Florida Law
A DUI arrest may come as a shock to a person charged with his or her first DUI. However, DUI arrests are more shared than one might think. The Florida DMV states that in 2011, there were 55,722 DUI tickets issued, of which 33,625 (or just above 60%) resulted in convictions. One of the reasons for this could be Florida’s comprehensive DUI law.
According to Florida Statute 316.193, a person can be charged with DUI in Florida under if they characterize one of two qualities, or both, while being in physical control of or driving a motor means. These qualities are:
• Blood or breath alcohol level (BAC) is over the legal limit of.08%, defined as:
– .08 or more grams of alcohol per 100 milliliters of blood
– .08 or more grams of alcohol per 210 liters of breath
• Normal faculties are impaired by drugs or alcohol
– Faculties include hearing, walking, talking, and thoroughness perception
Physical control of a motor means is a separate concept from driving it. A person can be in physical control if he or she is in the means with it running, in the means with it off but the keys close by, or close enough to the means to function it. With the statute’s consideration for impairment and physical control, an individual could potentially be arrested for DUI outside his or her car without chemical proof of intoxication. already with a chemical test, the legal limit of.08% can be achieved or surpassed by an average person after just one or two drinks – a point at which many people nevertheless believe they are okay to excursion.
Despite the fact that the scope of the law makes it comparatively easy for anyone to be arrested and charged with a first DUI, it does not go easy on an alleged DUI offender punitively. Implied consent laws put the alleged offender in a tough identify when it comes to administrative license suspension (ALS). If you refuse a BAC test, you confront one year of ALS; if you test for a BAC of.08% or higher, you confront six months of ALS. Additionally, you only have 10 days from the moment of your arrest to request a hearing disputing these suspensions.
If convicted, you could confront other penalties for first DUI in Florida in addition to the administrative license suspension. These are also defined in Florida Statute 316.193 and include:
• $500 – $1,000 fine
• Up to 180 days of criminal driver’s license suspension
• Up to 10 days of means impoundment
• Installment of ignition interlock device
• Up to 6 months of probation and/or jail time
Penalties become more harsh if the DUI offense included a minor, a BAC of.15% or higher, or an accident involving character damage, injury, or death. Some first DUI situations in Florida may be eligible and/or required to participate in an approved Florida DUI program designed to provide DUI and alcohol education, psychological evaluation, and treatment referral sets. How your participation impacts your case is determined by the court on a case-by-case basis.
While the inclusiveness of Florida DUI law can help get drunk drivers off the road, it also gives law enforcement a lot of discretion when it comes to DUI arrests. If you have been charged with your first DUI and are concerned about your future, it is important to remember you are innocent until proven guilty and have certain rights obtainable to you. A skilled Florida DUI defense attorney can protect those rights while fighting for a more popular outcome.