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Science 2012-07-11 2 min read

Florida DUI Law Overview

Florida drivers should be aware of the state's DUI laws and the potential penalties they face for a first DUI conviction.

July 11, 2012

Over the years lawmakers have focused their attention on laws governing drinking and driving, and Florida's driving under the influence laws have grown increasingly severe. Acceptable blood alcohol contents have decreased while fines and jail sentences have increased. Florida drivers should be aware of the state's DUI laws and the potential penalties they face for a first DUI conviction.

Driving Under the Influence

A driver can violate Florida's DUI laws by driving or being "in actual physical control" of a vehicle while either:
-Having a blood alcohol content of 0.08 percent of higher, also known as "DUI per se," or
-Having his or her "normal faculties" impaired by alcohol or any chemical substance


Potential Penalties

The potential penalties that a person faces for a first DUI conviction in Florida can be severe:
-Jail: A person convicted of a first DUI offense in Florida faces up to six months in jail. The potential jail time increases to nine months if the driver's B.A.C. was higher than 0.15 or if a minor was in the vehicle at the time of the offense. However, a judge may order the person to serve the time in a residential alcohol or drug treatment facility rather than in jail.
-Probation: In addition to possible jail time, a person can receive a probation term. The total jail and probation period for a first offense cannot exceed one year.
-Fines: The fines for a first DUI conviction range from $500 to $1,000. If the driver had a BAC higher than 0.15 percent or there was a minor in the vehicle at the time of the offense, the potential fines increase from $1,000 to $2,000.
-Community service: Those convicted of DUI must serve 50 hours of community service, or pay an additional fine of $10 per hour of community service ordered.
-Driver's license revocation: A person convicted of a DUI loses his or her driver's license for at least 180 days and possibly for as long as a year.
-Vehicle impounding: The police will impound a driver's vehicle for 10 days if the driver is convicted of DUI.


Consult an Attorney

Authorities in Florida take drinking and driving offenses very seriously. They vigorously prosecute such cases to the fullest extent possible. If you are facing DUI charges, do not hesitate to talk to a seasoned criminal defense attorney who can advocate for your rights just as diligently as the state is trying to prosecute.

Article provided by Law Office of Casey Bryant, P.A.
Visit us at http://www.bryantlegal.com