What Happens When You Get a DUI in Florida?

Getting a DUI (Driving Under the Influence) in Florida is a serious crime. You face some potentially life-changing penalties, and it’s completely normal to feel nervous and unsure about your future.

If you find yourself facing DUI charges, it’s important to keep a cool head. Don’t resist arrest, and don’t say anything before you talk to a lawyer.

To help you get a better understanding of what happens when you get a DUI in Florida, here is what you can typically expect:

What Defines a "DUI" in Florida?

Under Florida law, a DUI is defined as the driver of a vehicle being “impaired,” having consumed alcohol, illicit drugs, and even prescription medications. Most people refer to this as drinking and driving.

If there is proof a driver has a blood-alcohol concentration (BAC) or blood alcohol level of at least 0.08 percent, they are assumed to be impaired. This BAC limit is 0.04 percent for anyone driving a commercial vehicle.

An officer can also charge a driver with a DUI if their BAC levels are lower than 0.08 percent, but in their opinion, they cannot safely drive their vehicle.

Differences Between DUI and DWI in the State of Florida

You may have heard the term DWI, which means Driving While Intoxicated, used in or outside Florida.

Some states have separate DUI and DWI laws. In Florida, however, DUI and DWIs are both one and the same. Most people use these terms interchangeably.

DUI is the correct legal term, and this is what officers can charge you with if you operate a vehicle while under the influence.

DUI Penalties in Florida

The penalties handed down for DUIs in Florida depend on how many prior offenses the offender has, their BAC level at the time of arrest, and some additional factors.

To give you a general idea, here is an outline of the kinds of punishments you can expect for first, second, and third DUIs in the state of Florida:

Penalties for Your First Time DUI

Penalties for a DUI in the state of Florida are harsh, and you may face:

• Fines of up to $1,000
• Jail time of up to 6 months
• You can have a license suspension for up to 1 year
• You may have to carry out up to 50 hours of community service
• A judge can issue a court order for you to attend rehabilitation programs

Penalties for a Second DUI

The penalties for a second DUI offense increase to:

• Fines of up to $4,000
• Jail time of between 10 days and 12 months
• You can have a license suspension for up to 1 year
• A judge can issue a court order for you to attend rehabilitation programs

Penalties for a Third DUI

The penalties for a third DUI offense are as follows:

• Fines of up to $5,000
• Jail time of up to 12 months
• You can have a license suspension for up to 1 year
• A judge can issue a court order for you to attend rehabilitation programs

What is a Hardship License?

Under Florida law, if you have a license suspension due to a DUI, you may be able to apply for what’s called a “Hardship License.”

A hardship license is essentially a temporary license you can use to drive while suspended as long as you adhere to some special restrictions.

The reason hardship licenses are available is that being unable to drive can seriously affect the offender and their family.

For some people, losing their driving privileges puts their jobs at risk. It means they can’t transport their kids to school, attend important medical appointments, and so on.

If you can prove that not having a license has a serious impact on your livelihood, you may be eligible for a hardship license.

You may need to work with a lawyer to discuss your DUI case's specifics and your individual circumstances. A lawyer can help to prepare your case for a hardship license hearing.

Can You Refuse A Breathalyzer Test in Florida?

You may have heard that it’s within your best interests to refuse a breathalyzer test if you’re pulled over. In some states, that may be the case, but not in the state of Florida.

Under Florida’s implied consent law, you must submit to a chemical test if a police officer requests it. Refusal to submit to a breath test will result in you having your driver’s license suspended.

You will almost certainly have your license suspended for a year. If you have prior DUI convictions, that suspension period may be longer.

What Is an Ignition Interlock Device?

An ignition interlock device (IID) is an in-car breath screening device that requires the driver to blow into a breathalyzer and pass before the vehicle starts.

Section 316.193, Florida Statutes mandates that certain persons convicted of a DUI must have an IID fitted to their vehicle.

For first offenders, it comes down to the judge’s discretion. For repeat offenders and anyone with a BAC of 0.15 percent or higher, having an IID fitted is mandatory.

The BAC limit required to start the vehicle can be set to any percentage ordered by the court. These devices act as an extra layer of protection against an offender being behind the wheel while impaired.

How Can a Defense Attorney Help My DUI Case?

Seek to retain the services of an experienced DUI lawyer if you face a DUI charge in Florida.
Drunk driving is a serious offense, and a DUI conviction can impact you for several years. Even if you’re sure you are innocent, the legal process is complex. Punishments for DUI offenders can have life-changing implications if you’re found guilty.

Not only are fines, jail time, and losing your license bad enough, having a DUI arrest on your record can affect you when applying for credit, jobs, and more in the future.

A DUI attorney may be the difference between receiving the maximum penalty and having your charges dropped.

They can analyze every aspect of your case from start to finish, including how law enforcement treats you. If there are any errors, an attorney may be able to expose them.

Are you seeking an attorney or looking for more information? Call us today at 888-626-1108 to speak to a DUI defense attorney in South Florida for a free case evaluation.