Florida DUI: Penalties and Criminal Charge Defense

Florida DUI Laws encompass a number of offenses involving driving under the influence, including provisions in the laws for elevated penalties for specific DUI offenses. Furthermore, certain drivers may incur additional penalties for a DUI offense, such as underage drivers under Florida zero tolerance policy (underage drivers with BAC of .02 or higher). Penalties applicable for any offense under DUI laws will include criminal, administrative (restrictions and suspension of driver’s license), and in most cases, related fallout upon conviction including complications regarding employment, obtaining driver’s insurance, and others.

Penalties upon Conviction of a Florida DUI Charge

• First Offense, Driving under the Influence carries penalties of no more than six (6) months in jail, with fines of no more than $1,000, and mandatory license suspension of six (6) months. Reinstatement of license requires ignition interlock device, attendance at DUI school, and other case-specific provisions.

• Second Offense, Driving under the Influence carries penalties of no more than nine (9) months of incarceration, fines of no more than $2,000, and license suspension of five (5) years with eligibility for hardship based reinstatement after one (1) year.

• Third Offense, Driving under the Influence carries penalties of felony charges if within a ten (10) year period, incarceration of at least thirty (30) days, and mandatory license suspension of ten (10) years with eligibility for hardship reinstatement after two (2) years

All sentences are subject to the discretion of the courts. Elevating factors can increase penalties applicable, including enhanced penalties for BAC of .15 or higher, minor present in vehicle, and if applicable, additional criminal charges stemming from the arrest, such as possession charges for certain DUI offenses involving drugs.

Florida DUI Defense Methods

For starters, the state of Florida, depending on the jurisdiction, has a relatively favorable plea bargaining system for most DUI offenders, especially first time offenders. A well-developed alternative sentencing program for offenders involved in substance or alcohol related offenses might be a viable criminal defense option for offenders. While typically more involved and costly for an offender, the programs do prevent further incarceration, and afford the chance to undergo treatment in lieu of incarceration, and in certain cases, conviction as well.

Other Florida DUI defense methods may include the following, but keep in mind, each arrest presents different opportunities, if reviewed by a criminal defense lawyer, for dismissal of charges or suppression of evidence crucial to the prosecutor’s case.

• Contest the legality of the traffic stop and any ensuing questioning or field sobriety testing done by law enforcement.

• Probe the accuracy and maintenance of DUI testing devices, both field sobriety testing devices and other devices used during blood, breath, or urine draws to ascertain whether a driver was in fact under the influence.

• Probe the testimony of law enforcement officers concerning the “intoxication” of the driver in question. This is especially relevant in cases where no chemical sample or definitive evidence indicating intoxication or the presence of other substances exists.

• If dismissal or suppression is not a feasible option, negotiating with prosecutors for favorable plea agreement, or in a limited number of cases, for alternative sentencing in lieu of conviction is possible as well.

Getting Legal Help to Prevent Florida DUI Conviction

In any given Florida DUI case, a significant number of events occur before, during, and after the initial traffic stop leading to arrest, which may provide ample ground for a DUI lawyer to contest the criminal charge. However, without the insight and knowledge of a lawyer, defendants in these cases are often subject to standard plea bargain agreements, which rarely work in a defendant’s favor in the end. For more information about how to defend your DUI case, including insight about the defense strategies possible, consult with a Florida DUI lawyer in the jurisdiction of your arrest.