Florida DUI Law states:

316.193 Driving under the influence; penalties.--

(1)  A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a)  The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
(b)  The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c)  The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
When someone chooses to get a driver’s license in Florida, they accept a number of stipulations whose repercussions are not always immediately apparent. One such Florida DUI law concept is “implied consent.” The statement, "I hereby consent to any chemical test for sobriety as required by law" appears directly above your signature. Implied consent means that when a driver in Florida operates a vehicle on the roads by this action they are considered to have given advance permission to any law enforcement officer to stop them at any time while they are on their road and test them to see if they are under the influence of drugs or alcohol.

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

Fine Schedule s. 316.193(2)(a)-(b), F.S.

First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
Fourth or Subsequent Conviction: Not less than $2,000.

Community Service - s. 316.193 (6)(a), F.S.

First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Probation - s. 316.193 (5)(6), F.S.

First conviction, total period of probation and incarceration may not exceed 1 year.

Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

First Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months.
Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.

Impoundment or Immobilization of Vehicle - s. 316.193 (6), F.S.

Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

The implications of all this have far-reaching effects. If a person is stopped by a police officer while they are driving, and the police officer believes that the person has consumed alcohol, they have wide authority over what they can do. This authority can range from actions as simple as stopping a car to arresting a driver on suspicion of driving under the influence.

One important example of the potential realities of implied consent is the roadside sobriety tests. While a police officer cannot force a driver to take a test, refusal can be used as evidence in DUI criminal proceedings. If the driver is then convicted of drunk driving in Florida after they refuse to take a test they can lose their license for a year, and second and subsequent refusals can result in a suspension of 18 months.

Florida DUI laws are extremely complicated, and many fail to take into account the reality of life in 21st century America. Although society has changed, many of the laws have not, and quite often people get caught between the wheels of justice and suffer far out of proportion for the crimes they may or may not have committed.

If you have been charged with a DUI or drunk driving offense in Florida you need to consult Parks & Braxton. Every second you hesitate is one second that our team cannot use to prepare your defense and protect your freedom, finances, and reputation.

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