DUI FAQ

What is a DUI?

DUI stands for driving under the influence. This is typically seen in regards to alcohol intoxication while driving, but it relates to all methods of substance abuse, such as sleeping aides and pain killers.

What are the penalties for driving under the influence?

In the state of Florida, the more DUIs you get the more severe your penalties will be. The penalties for DUI charges are as follows:

First DUI

A driver’s first DUI offense can result in numerous consequences. The most common consequence that is given to a first time DUI offender is a fine of $500 to $1000. Other penalties for a first time DUI offense are:

Suspended License (Minimum of 180 days and Maximum of 1 year)
50 Hours of community service hours
Probation (No more than a year)
Imprisonment (No more than six months)
12 hours of DUI school

Second DUI

A driver’s second DUI offense results in higher penalties than a first DUI offense. The fine for a second DUI is $1000 to $2000. Additional penalties are:

Revoked license (Minimum of 180 days and Maximum of 1 year) if date of second DUI is over five years from the first DUI
Revoked license for FIVE years if second DUI is within five years of the first DUI
Imprisonment (up to nine months)

Third DUI

A driver’s third DUI charge has significantly higher penalties than the first two and is the last DUI charge a person can have without their license being revoked permanently. The fine for a third DUI charge is $2000 to $5000. Additionalpenalties are:

Revoked license (Minimum of 180 days and Maximum of 1 year) if date of second DUI is over ten years from the first and second DUI
Revoked license for FIVE years if third DUI is within ten years of the first DUI
Imprisonment (up to twelve months)
If the DUI is within ten years of the first two then a five year sentence can be enforced with a minimum of 30 days in jail

All of these penalties will be intensified if there was a minor present in the vehicle, or if the person’s BAC level was higher than 0.15 percent.

What does a BAC level mean?

BAC stands for your blood alcohol concentration level. This is what is measured through a breathalyzer test to see if you are over the legal drinking limit.

What is the legal drinking limit?

When operating a motor vehicle, you are legally over the BAC limit at 0.08 percent. The BAC legal limit changes for a person under the age of 21. For example, an individual under 21 years of age would fall under what is known in Florida as the Zero Tolerance (Underage) BAC, and that legal limit is 0.02 percent.

What signs do police officers look for when searching for DUI offenders?

When searching for DUI offenders, police officers search for specific actions that drivers commonly do when under the influence. The most common actions that officers look for when searching for DUI offenders are:

Continually hitting the brakes
Driving on the wrong side of the road
Driving on center marker in between lanes
Excessive signaling
Slow reaction to traffic lights or signals
Unnecessary slowing down or stopping
Turning illegally, such as making illegal U-turns
Sudden acceleration or stopping too quickly
Driving with headlights off
Making extremely wide turns
Hitting or almost hitting another vehicle or object
Swerving between two lanes
Driving off of the road
Driving too close to another vehicle

Should I tell the officer I was drinking if I am pulled over?

This is a judgment call. By law you do not have to answer any questions that are incriminating to yourself. You can respectfully decline to answer any incriminating questions and ask to speak with a lawyer. However, if you have not been drinking or only had one or two drinks earlier in the day, you may be at a legal drinking limit and may want to comply with the officer’s questions to avoid any legal matters.

Should I take the Field Sobriety Test when asked to by an officer?

This is your decision but understand that you DO NOT have to take the test if you do not want to. Also, remember that if an officer asks you to take the field sobriety test, they most likely have already concluded that you are driving under the influence and the test is most likely being administered to collect more evidence against you. Also remember that field sobriety tests are recorded and can be embarrassing to you if shown to others in a court trial.

Should I take the Breathalyzer Test when asked to by an officer?

If you are suspected for driving under the influence you will most likely be asked to take a breathalyzer test.

You have the right to refuse to take any test the officer asks you to. But, remember by not taking the test it as seen as an admission of guilt on your part and your license will automatically be suspended for one year if this is your first refusal. A positive aspect about refusing to take the test is by refusing to take the test you will have the time to consult with your lawyer and see if you can overthrow your license suspension.

Can I get jail time for a first time DUI offense?

Yes, in the state of Florida you can get up to six months of jail time for a first time DUI offense. Jail time for a first time DUI offense is typically seen in cases where severe property damage or bodily injury occurred.

How much jail time can I get for a second or third DUI?

In Florida, A second time DUI offender is required to spend a maximum of nine months and up to one year in jail, depending on the individual’s BAC. Note: a second conviction within five years of the first in Florida mandates a MANDATORY jail sentence of at least ten days. A thirdtime DUI offender is required to spend a maximum of one year in jail, and a minimum of at least thirty days.

Should I hire a lawyer?

Yes, a DUI is a criminal offense that will not only be on your criminal record but it will affect your life. The heavy fines that come with a DUI charge as well as your license being suspended and the possibility of jail time are all reasons as to why you should hire a lawyer to fight your case.

What defenses do I have to fight a DUI case?

Each person’s case will pose a different defense because the circumstances of the case will impact the validity of the DUI charge. Two common defenses and important factors in DUI cases are as follows.

The first and most commondefense revolves around the traffic stop made by the accusing officer. A police officer can only stop an individual while driving for two reasons, these reasons are…

The officer must have a reasonable suspicion that a traffic infraction is taking place or.
The officer must have probable cause that a crime is being committed

Remember that police officers cannot pull an individual over just because they want to.

Another major defense utilized in a DUI cases involves the administering of the field sobriety test, a test that has been proven non-effective. In a field sobriety test, the police officer gives commands, typically involving hand- eye coordination and balance. These types of coordination skills will vary from person to person even when they are sober and therefore can be fought in a court of law.

The best thing to do is to discuss in great detail with your attorney the best strategies to ensure you the best defense.

Are breathalyzer tests always accurate?

You will hear that breathalyzer tests are always accurate, but this is not true in every instance because all technology and inventions have the ability to mess up. There are factors that make breathalyzer tests unreliable such as, foreign substances, the software utilized, environmental factors, the way the officer administers the test and of course, human error. If you feel your breathalyzer test was inaccurate, discuss your reasons in great detail with your lawyer.

Will my car insurance company drop me after a DUI charge?

Almost definitely, but if not, there will surely be a high increase in your insurance rate. The only good news is that, typically, auto policies are only reviewed by adjusters every six months, so chances are nothing will happen immediately.

Will I be allowed to drive to work?

This varies on each DUI case. In Florida, if convicted of a first- time DUI charge, you can apply for a Hardship License. If granted by the judge, you will be permitted to drive ONLY to and from your job.

Should I hire a lawyer if I plan to plead guilty?

Even if you are planning to plead guilty you should still hire a criminal defense attorney, so that you can get the best deal possible. Look at it this way; if you plead guilty you will most definitely pay penalty fines, higher insurance rates and probably suffer financially with work hardships from not having a license. The fees you may pay from hiring an attorney will probably amount to less than what you will pay if you plead guilty and receive the full punishment from the state.

When will I lose my license?

This really depends on your case; in general, plan on having your license suspended ten days after your DUI charge. In Florida, an individual is allowed to drive for ten days following their DUI charge. However, if you have an attorney, they will most likely file a pleading and attempt to get the courts to grant you an additional 42 days.

How long is my license suspended for?

This is determined by the amount of DUI’s you have on your record andthe severity of the DUI charge (Such as other people being harmed aside from the driver). For first time DUI offenders in Florida, the license is suspended for at least six months and up to twelve months. The amount of time a license is revoked lengthens with repeated offenders.

What happens if I am under the age of 21 and get a DUI?

The .08 level of alcohol does not apply to an individual under the age of 21. Florida has a Zero Tolerance Law in affect for underage drinking and driving. If you are under the age of 21 and have a blood alcohol level of .02 (basically meaning any alcohol in your system) then your license will automatically be suspended for six months.