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What to Know About the DUI Laws in Florida

Drinking and driving is a deadly combination and being drunk and operating a vehicle at the same time is leaving many residents in a position where they have to pay top dollar for a South Florida DUI attorney.

Here are some vital facts about the DUI Laws in Florida. To begin it is imperative that you get a DUI attorney if you were under the influence and pulled over by a cop. The main reason why is because there is no way they won’t find out you have been driving under the influence.

Florida has “The Implied Consent Law” that states anyone with a driver’s license must take a blood, urine and breath test if an officer asks. If you refuse to take one of those tests your license will be automatically suspended for one year. A second refusal will give you an automatic 18 month suspension; you will definitely need an excellent DUI lawyer to get you out of that one.

The definition of a DUI can be found on www.flhsmv.gov and states the following, “Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breathe alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.”

Paying a fine for driving under the influence plus the cost of hiring a DUI Attorney can break the bank, especially if you choose the wrong Attorney.

Here are some things you will have to face if you happen to get a DUI.

  • A DUI fine can range anywhere from (2,000$-25,000$)
  • DUI Laws in laymen’s terms;
    • DUI OFFENSE 1: A fine between $500-1000 If your Blood/Breath Alcohol Level (BAL) is .15 or higher or if a minor is in the vehicle.
      • Jail – 6-9 months
      • License suspended up to a year
      • DUI School/Hardship Reinstatement
      • Ignition Interlock Device – Up to 6 months – You have to breathe into a device that records your alcohol levels.
      • Community Service – 50 hours
      • Vehicle Impound – 10 days
    • DUI OFFENSE 2: A second Fine in Florida is between $1000-2000 in fines. If your Blood/Breath Alcohol Level (BAL) is .15 or higher or if a minor is in the vehicle you’re looking at a fine between $2000-4,000.
      • Jail – up to 12 months
      • License suspended for 5 years (If within five years of previous offense)
      • Eligible for Hardship Reinstatement after 1 Year
      • DUI School
      • Ignition Interlock Device – up to 2 years
    • DUI OFFENSE 3: A third offense (Within 10 years after second) will leave people paying a fine between $2000-5000. If your Blood/Breath Alcohol Level (BAL) is .15 or higher or if a minor is in the vehicle you’re going to have to pay $4000 or more.
      • Jail – 12 months
      • It’s a third degree felony if DUI is less than 10 years after the second. You will definitely want to get a DUI Attorney if you are facing this in Florida (Fort Lauderdale, Miami, Orlando and Tallahassee)
      • License will be suspended for 10 years if DUI is less than 10 years after second.
      • Hardship Reinstatement after 2 years
      • DUI School
      • Vehicle Impound – 90 days if DUI is less than 10 years after the second.
      • You will have to produce $2,000 or more for subsequent DUI Convictions.
      • Jail up to 5 years and your license will be suspended for life.
    • *Manslaughter and Vehicular Homicide can be a $10,000 fine and 30 years imprisonment.

Drinking and Driving is detrimental to society. As humans we should be aware of our surroundings so that we do not harm others. Drinking and Driving will almost always impair that ability.

There is no set in stone procedure that can tell you how many drinks it will take you to get to the .08 level. The best plan you can create to prevent you from getting a DUI is abstaining from alcohol. If you decide to drink alcohol make sure you do it in moderation and have someone to bring you home safely.

Drinking and Driving is an unfortunate epidemic that is spreading across Florida and in 2010 alone Fort Lauderdale had 985 DUI convictions.

Many have made the mistake of drinking and driving but were then able to bounce back. Miami DUI Attorney Evan Hoffman can help you with your DUI case so you can move on with your life.

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Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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