What Happens When You Get a DUI in Florida?

In 2020, drunk driving was the third leading cause of car accidents in the United States. Driving under the influence is a serious crime, especially in the state of Florida. The Sunshine State has some of the most severe DUI penalties in the country.

Driving impaired is always a dangerous and poor decision, but mistakes happen. If you have been charged with a DUI in Florida, here’s what you need to know. And remember, the best thing you can do for your case is contact an experienced DUI attorney.

DUI or DWI? What’s the Difference?

It’s important to understand the terminology behind these particular offenses. You may have heard both the acronyms DUI and DWI. DUI stands for driving under the influence. DWI stands for driving while intoxicated. Some states have separate laws and designations for DUI and DWI.
In Florida, both terms refer to the same thing and are used interchangeably in common language, but DUI is the accepted legal term for impaired driving under the influence of alcohol or illegal drugs.

You are guilty of a DUI in Florida if your blood-alcohol level is 0.08 or more grams per 100 milliliters of blood or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. For minors, that number is lowered to 0.02. If your blood-alcohol level is at 0.15 or above, you may face even more serious penalties from your arrest.

It’s also important to note that while in some states individuals can fight to have their DUI arrest expunged — a sealing or destroying of criminal records — that is not the case in Florida.

Navigating DUI Checkpoints

You can be pulled over and charged with a DUI at any time when you are operating a vehicle. In Florida, this can also happen at a DUI checkpoint. Whether or not DUI checkpoints are ethical is a hotly debated subject, and their legality varies from state to state. In Florida, these types of traffic stops are legal.

A DUI checkpoint is set up by law enforcement officers to search for impaired drivers, typically in heavily trafficked areas at a time when driving under the influence is common. Even though these checkpoints are legal, there are still rules and regulations that law enforcement must follow.

Officers must reasonably operate the checkpoint. They must minimize potential adverse effects of the checkpoint like causing a traffic jam or stopping cars for long periods of time.
Law enforcement officials’ procedures at the checkpoint must be random and fair. This is often accomplished by outlining and following a predetermined formula like stopping every third car.

In Florida, the dates and times of the DUI checkpoint must be posted publicly before the checkpoint begins. Find out about roadblocks in your area here. There must be clear signs informing drivers that they are approaching a DUI checkpoint. Additionally, checkpoints are only allowed in areas where it is safe for drivers to pull over and stop their vehicles.

If you are pulled over at a DUI checkpoint, officials may ask for the following:

1. Documentation. Be ready to show your driver’s license, vehicle registration, and proof of insurance.
2. Information about your recent activities. You may be asked, “Have you been drinking this evening?” Remember that you have the right to politely decline to answer and invoke your fifth amendment rights against self-incrimination.
3. Field sobriety tests. If a law enforcement officer expects you have been driving under the influence, they may ask you to participate in a breathalyzer or field sobriety test. A breathalyzer is a device that measures alcohol concentrations in your breath. While you can legally refuse a breathalyzer test, this will most likely result in an immediate suspension of your driver’s license.

If you are arrested and charged with driving under the influence at a DUI checkpoint, contact a lawyer right away. Retaining the right DUI attorney puts expert eyes on your case. Your lawyer will examine your case, determine if the DUI checkpoint was conducted correctly, and know how to minimize the impact of your arrest and protect you from any violations of your rights.

What Happens When You Get a DUI?

What happens when you get a DUI? In Florida, being convicted of a DUI will result in a combination of fines, community service, probation, and imprisonment.
For their first DUI conviction, drivers can expect to be sentenced to the following:

• A fine. Expect to pay between $500 and $2,000. If your blood alcohol is 0.15 or higher or you were driving with a minor in the car, that fine increases to between $2,000 and $4,000.
• Community service. Drivers will serve a mandatory 50 hours of community service or pay an additional $10 fine for every hour of required community service dictated by the court.
• Probation. The length of probation sentenced by the court can vary but will not be longer than one year.
• Imprisonment. The court ultimately decides whether or not an individual will serve time for their DUI. For the first offense, imprisonment won’t last longer than six months. If your blood alcohol level was 0.15 or higher, the maximum time limit increases to nine months. If you were involved in a car crash while driving under the influence, the maximum time limit increases to one year. Assigned prison time may be served in a residential substance abuse treatment and addiction recovery program or in a county prison system.

Minors guilty of drinking and driving will have their license suspended for 6 months after their first arrest. After a second offense, their license will be suspended for one year. These drivers may also be required to complete a substance abuse evaluation and recovery course.

The first DUI offense in Florida is typically classified as a misdemeanor, but there are scenarios where a DUI could be considered a felony. If a driver is convicted of two DUIs and is caught driving under the influence for a third time in 10 years or less, the driver will be charged with a felony. A fourth DUI conviction will be tried as a felony no matter how recently or long ago the first three convictions took place.

What Is a Hardship License?

For some individuals, a driver’s license suspension can put them or their family in a very difficult position. Florida allows drivers to apply for a hardship license — a limited use license that grants specific driving privileges.
Florida hardship licenses fall into two categories:

• Business Purpose. This license limits your driving to activities that are related to your livelihood like getting to and from work, traveling to school, operating a vehicle while on the job, and driving for religious or medical appointments.
• Work Purpose. This license is the most limited form of hardship license. It restricts driving to employment-related travel only.

After a DUI arrest, speak to a lawyer to determine whether or not you will qualify for a hardship license. In order to qualify you will need to do the following:

1. Attend DUI school.
2. Provide proof of your enrollment in DUI school to the Florida Highway Safety and Motor Vehicles Review Office as part of your hardship license application.
3. Attend a hearing at the Florida Highway Safety and Motor Vehicles office.
4. Take your approval letter to the local DMV to get a new license.

You are not eligible for a hardship license for 2nd, 3rd, 4th, or higher offenses. You will also not be eligible if you have been charged or convicted of vehicular manslaughter or criminal vehicular manslaughter. These licenses will not authorize you to drive a commercial motor vehicle.

Drivers only have 10 days from the date of their arrest to apply for a hardship license.

How Can a Defense Attorney Help My DUI Case?

Navigating the legal system can be intimidating and confusing, especially in the case of a DUI. An attorney who specializes in these types of cases will be able to help you fight for your rights and minimize the long-term consequences of your conviction. Contact a qualified legal professional today.