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Getting to Know the Strict DWI and DUI Laws In Florida One by One

DUI Offenses

The Florida State driver is charged for following offenses:

•             Driving under alcohol or drugs influence

•             Driving with .08 BAC(blood alcohol content) or greater

•             A lesser than 21 years driving with .02 BAC or greater

DUI Florida Penalties

The penalties and fines are in association with a DUI conviction. Remember, these are based on the circumstances of DUI case given and is always right to consult an attorney. A DUI attorney can get your fines and jail time reduced for their clients. These offenses will also show a serious impact in getting Florida car insurance.

First conviction – The jail time is up to 6 months, while the court fines range between $250-$500 and license suspension period is up to 6 months.

Second conviction – The jail time is within a period of 10 days to 9 months with a fine of $500-$1000 and up to 5-year license suspension.

Third conviction – The jail time is from 30 days to 1 year and fines for $1000-$2500 and the license suspension is within 10 years.

Fourth conviction – The jail time is up to 5 years and the fines $1800 – $2800 and permanent license suspension.

Theories of Prosecution

The prosecution of one case can take two theories. Firstly, if the officer arresting demonstrates at the time of arrest your ability of driving was impaired, you may be considered convicted of DUI.

This is based on the driving pattern on your arrest time and sobriety tests are based on your performance and appearance. However, BAC tests are also weighed, though it is not mandatory for such prosecution.

Alternatively, in case .08 percent or greater are indicated in your blood alcohol concentration, you are DUI convicted as per laws regardless of any other impairment signs.

Outcome of Court

The discretion of the court confirms first time offenders for fines between $250 and $500 and thereby hiking up to $500 to $1000 in case of being accompanied by a minor in the vehicle. Jail up to six or nine months also includes for having a minor in your car.

Additionally, there has been community service for 50 hours to be performed. Your vehicle is impounded for 10 days except for the evidence that there is no other transportation source for your family. This impoundment is not synchronized with your sentenced imprisonment. Penalties increase with having a high rate of BAC or minors in the vehicle.

Penalties are more severe with successive convictions.  Fines up to $1000 and jail for 9 months or less is the result of a 2nd conviction and fine up to $2500 and 1 year jail is for 3rd conviction.

Chemical Testing and Laws

Florida state law confirms to give consent to approved blood, urine or breathe test to any licensed person driving a motor vehicle. Refusal of chemical test results in one-year license suspension.

DMV Rule

The ten days DMV rule allows you to request a DMV hearing. In case you fail to do, your driving is suspended for a period of six to eighteen months.

DMV Effects

The DMV effects are facing revocation of license for 90 days to one year for DUI first conviction. The penalties are stricter for additional convictions. However, first offenders can opt for hardship reinstatement.

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