You are Here: Florida DMV Home » Florida Drunk Driving DUI Related Topics Ignition InterlockDrive Safe on the 4th of July2006 Fourth of July Accidents Drunk Driving Penalties in Florida If you drink alcohol and drive you dramatically increase your chance of being in a crash. In addition, if you are pulled over and the officer asks you to take a blood, urine or breath test you are required to comply.
Florida has the "Implied Consent Law". When you sign your drivers license you have agreed to take these tests upon request. Refusal to take any of the tests will result in an immediate suspension for one year. A second refusal will result in an 18 month suspension. 2011 DUI Statistics According to Florida DMV records there were 33,625 DUI convictions in Florida in 2011. Of the 55,722 DUI tickets issued in Florida in 2011 - 9,328 were issued by the FHP, 23,649 were issued by police departments in Florida, and 21,868 were issued by Florida Sheriffs departments.
2010 Florida DUI Convictions in the large Florida Counties Hillsborough County (Tampa) - 3,256 Miami-Dade - (Miami) - 2,274 Duval County - (Jacksonvile Area) - 2,222 Pinellas County (St Petersburg) - 1,824 Palm Beach County (West Palm Beach) - 1,561 Orange County (Orlando) - 1,383 Brevard County (Melbourne) - 1,072 Broward County (Fort Lauderdale) - 985 Ignition Interlock Florida law mandates that any driver convicted of a second DUI have an Ingnition Interlock device installed in their vehicle.
A judge may order an Interlock installed on first convictions depending on circumstances. Read the details of the Florida Ignition Interlock program. No one can drink alcohol and still drive safely. Drinking and driving causes accidents and deaths every day and therefore the penalties in Florida are very tough. If you drink and drive the result may be jail time, loss of your Florida drivers license, heavy fines, and much higher auto insurance rates.
And a conviction will stay on your Florida driving record for 75 years. Zero Tolerance for Drivers under 21 Florida has a Zero Tolerance law for drivers under 21. This means that any driver under 21 that is stopped by law enforcement and has a blood alcohol level of .02 or higher will automatically have their Florida drivers license suspended for 6 months. The .02 limit really means that you cannot have a single drink and drive.
And that's the idea. For drivers over 21 the legal limit in Florida is .08. Regardless of your age be aware that drinking and driving is considered a serious offense. Below we have summarized the penalties in the state of Florida for a first offense DUI, but the average cost including legal defense, fines, and auto insurance increases is $8000. Florida Penalties for DUI First Conviction Fine - $250 to $500 Community Service - 50 Hours Probation - Not more than 1 Year Imprisonment - Not more than 6 Months Imprisonment with BAL of .
08 or higher with a minor in the vehicle, not more than 9 months License Revocation - Minimum of 180 days DUI School - 12 Hours Addtional DUI Convictions The penalties listed above are for a first DUI conviction. With each additional DUI conviction the penalties in Florida are more severe. Complete details on Florida DUI penalties can be found in the Florida drivers manual.See Also: Used Appliances New Bern Nc
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In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense may be called driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), and even operating a motor vehicle intoxicated (OMVI). Whatever the specific title, DUI laws make it unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if: Field Sobriety and Chemical Tests When a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver, and may ask for his or her consent to some form of chemical test for intoxication.
Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the person's physical or cognitive ability. Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having he or she recite the alphabet backwards; and the officer's use of the "horizontal gaze nystagmus" (eye and penlight) test. Chemical tests can be conducted during the vehicle stop, using a Breathalyzer that measures a driver's blood-alcohol concentration (BAC), or at a hospital, where urine and blood tests can be performed.
Many states allow a driver suspected of DUI to choose which type of chemical test is administered. Refusing a Chemical Test: "Implied Consent" Laws All states have "implied consent" laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. The logic behind such laws is that, by assuming the privilege of driving a vehicle on state roads and highways, drivers have effectively given their consent to DUI testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs.
If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. Often, license sanctions for test refusal are more harsh than those imposed after DUI test failure. In most states a driver's refusal to submit to a chemical test may be used to enhance the penalties imposed if he or she is eventually convicted for DUI.
For a state-by-state listing of laws associated with DUI, go here. "Per Se" and "Zero Tolerance" DUI Laws All states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) above a set limit (now .08 in all states). This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
All states also carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02. Keep in mind that a driver may still be arrested and convicted for DUI without proof of "per se" intoxication, when other evidence of impaired driving is shown.
For example, a driver with a .06 BAC level can be found guilty of DUI if an arresting law enforcement officer testifies that he observed the driver's vehicle swerving badly, and that the driver exhibited both slurred speech and severe inattention during questioning after a vehicle stop. DUI Convictions: Criminal Penalties A DUI conviction may carry criminal penalties including fines, jail time, probation, and community service.
Some state laws impose certain minimum penalties for first-time offenses, then designate increased penalties for each offense thereafter. Severity of criminal penalties will vary according to the circumstances of the offense, including: Whether the driver has a history of DUI violations; Whether the driver was operating a commercial vehicle at the time of the DUI; Whether the DUI violation occurred while there was a child in the vehicle; Whether the DUI violation occurred simultaneously with another dangerous moving violation, such as reckless driving; Whether the DUI violation involved a car accident in which property damage occurred; Whether the DUI violation involved a car accident in which another person was injured or killed; and Whether the driver was under the legal drinking age at the time of the DUI violation.
For a state-by-state listing of certain penalties associated with DUI, go here. DUI Arrest and Conviction: Driving Privilege Penalties In addition to potential criminal penalties, a DUI arrest or conviction will have an immediate negative impact on driving privileges. Most state laws allow a motor vehicle department to immediately suspend the driver's license of any person operating a vehicle with a BAC above the state limit for intoxication, or any driver who refuses to submit to BAC testing.
The driver's vehicle may also be confiscated or impounded, and the DUI offender will likely incur significant administrative costs. This loss of driving privileges can normally occur even before a DUI conviction. Most states allow a DUI arrestee to obtain a temporary license and request an administrative hearing at which he or she may argue against license suspension, or for restoration of limited driving privileges.
As with criminal penalties, the impact of a DUI arrest or conviction on driving privileges will vary according to the driver's history of DUI violations and the severity of the offense. An increasingly popular DUI penalty, especially for repeat offenders, is mandatory installation of an "ignition interlock" device on the offender's vehicle. This breath-testing device measures the vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimum amount of alcohol is detected, such as BAC level of .
02. Where this punishment is utilized, most states require the DUI offender to pay costs of installation, rental, and maintenance of the ignition interlock device. Rental fees alone can amount to as much as three dollars per day, so a DUI offender's expenses can add up quickly when an ignition interlock device is required. For a state-by-state listing of certain penalties associated with DUI, go here.
Plea Bargains in DUI Cases Due to recent law enforcement trends that focus on preventing DUI by penalizing offenders harshly, most district attorney offices refuse to negotiate plea bargains in DUI cases. This is especially true if evidence of the violation is strong. In fact, many states have enacted laws that prohibit government attorneys from entering into plea bargains with DUI defendants. However, in rare cases a DUI charge may be reduced to a lesser offense like reckless driving or an "open beverage" violation.
Get Free Legal Advice from an Experienced DUI Attorney A conviction for a DUI can not only set you back a few thousand dollars, plus the cost of getting by without transportation, but you may be sentenced to time behind bars. A DUI attorney can help you get a much better outcome for your case, whether it's a reduced charge, probation instead of jail time, or a solid defense leading to dropped charges or a not-guilty verdict.
Get started today by having a DUI attorney review your case at absolutely no charge.