A person is guilty of the offense of Driving Under the Influence in Florida when he or she is under the influence of alcoholic beverages, any chemical substance set forth in F.S. 877.111, or any controlled substance, when affected to the extent that his or her normal faculties are impaired or he/she has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or he/she has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Under Florida law, if the person had a blood or breath-alcohol level of .15 or higher while driving or in actual physical control of a vehicle or he or she was accompanied in the vehicle by a person under the age of 18 years at the time of the driving under the Influence, that person can be subject to enhanced penalties.
There are other very serious types of DUI cases, such as Second Time DUI, Accident DUI, Felony DUI, and DUI Manslaughter. At Frost Law, we are committed to handling all types of DUI cases and can defend you, no matter what the charges.
Penalties for DUI in Florida
If you are convicted of a first time DUI in Florida, the judge is required to sentence you to up to six months in jail and/or twelve months of probation, six months of driver license suspension (can be up to twelve months), a minimum fine of $500 but can be up to $1,000, a ten day impoundment or immobilization of the vehicle, 50 hours of community service, 12-hour DUI Substance Abuse Course, an evaluation to determine if Substance Abuse Treatment is required, and any recommended substance abuse treatment.
If a person has blood or breath alcohol levels above .15, the penalties are enhanced to include up to 9 months in jail, a minimum $500 fine but not more than $1,000, and an ignition interlock device required for six months.
Possible Defenses for a DUI in Florida
Some of the possible DUI defenses may include:
- You were not the driver
- You had no control of the vehicle
- The vehicle was undriveable
- Motions to Suppress – law enforcement violated your constitutional rights law.
- Involuntary Intoxication – for example, water being spiked with a date rape drug such a GHB
- Necessity, such as a medical emergency.
A large number of cases rely on whether the state can prove a person’s normal faculties were impaired, or in refusal cases, the State will likely argue what is called consciousness of guilt, which is basically saying that a person refused because they knew they were guilty.
Contact a Florida Defense Attorney Committed to Helping You
At Frost Law, we are committed to defending DUI cases and putting our experience as a prosecutor to work for you.
If this your first DUI, then please check out the section on Diversion, which could allow your case to be dismissed.
Call Frost Law today at 407-670-5669 or contact us on our website to get started on your DUI defense and to see if you qualify for a Diversion program.