Driving Under the Influence: The Basics of Florida DUI Charges
If you’re over 21, drinking alcohol is legal, but drunken driving is not. If prescribed by your physician, prescription drugs are legal. However, driving while impaired is illegal.
What is Driving Under the Influence of Alcohol?
In Florida, it is illegal to drive drunk or while under the influence of drugs. DUI charges can be filed if a person’s ability to drive is impaired by drugs or alcohol.
Even with a doctor’s prescription, you can still be charged with DUI if you are impaired by prescription drugs. Additionally, if the prescription is not valid, you might also face charges for drug possession.
How Can You Prove Someone Is Driving under the Influence?
To prove DUI in Florida, two things must be shown beyond a reasonable doubt:
- The person was driving or in physical control of the vehicle.
- The person was under the influence of alcohol, controlled substances, chemical substances, or a combination of these to the extent that their normal abilities were impaired.
Alcohol impairment is automatically assumed if a person has a blood alcohol level (BAC) over 0.08%. This can be proven by showing:
- The person was driving.
- Their BAC was 0.08% or more while driving.
The legal BAC limit varies for different groups. For drivers under 21, the limit is 0.02%. If exceeded, their driver’s license will be suspended.
What Are the Penalties for a Dui Conviction in Florida?
Penalties for DUI increase with each offense. Here are the penalties you might face:
First DUI Conviction in Florida
- Community Service: At least 50 hours
- Driver’s License Revocation or Suspension: 180 days to 1 year
- Driver’s License Reinstatement Fee
- DUI Program
- Fine: $500 to $1,000, plus court costs. The fine ranges from $1,000 to $2,000 if the driver had a minor in the vehicle or their BAC was 0.15% or higher.
- Ignition Interlock Device
- Increased Insurance Premiums and Coverages
- Jail Time: Up to 6 months; up to 9 months if the BAC is 0.15% and higher.
- Probation: Up to one year
- Vehicle Impoundment: For 10 days
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