Understanding DUI Laws: Consequences, Penalties, and Legal Defenses

If you were arrested for DUI, you need to be aware of the penalties and consequences you face if convicted. Understanding DUI laws can help you know what the future may hold.

In Florida, the DUI statute doesn’t require the prosecution to prove that you had intent to drive while under the influence. This makes it different from other crimes because there is no intent to commit. What they must prove is that you were in control over the vehicle or driving to be guilty of this crime.

Take a look below at the penalties, consequences, and legal defenses for DUI in Florida.

DUI Penalties in Florida

Like other crimes, the penalties for DUI convictions increase with every subsequent offense or are based on the severity of the crime.

First DUI

If convicted of a first offense for DUI, it’s a misdemeanor. You may face up to 6 months in jail and fines between $500 and $1,000. Probation is also granted for at least one year, and you’ll have to perform community service for a minimum of 50 hours.

Second DUI

Second DUI convictions are generally misdemeanors, and could mean up to 9 months in jail. You will also have to install an interlock device on your ignition. If your first conviction occurred within 5 years of these new charges, you will serve a minimum of 10 days in jail and your vehicle will be impounded.

Third DUI

If you get a third DUI conviction, it is a third-degree felony if your last offense was within 10 years. You’ll face a maximum of 5 years in state prison, but if your third DUI was more than 10 years after your last conviction, then it’s a first-degree misdemeanor.

Fourth and Subsequent DUI Offenses

These are considered third-degree felonies. You may serve up to 5 years in state prison. It will not matter how long ago the previous offenses occurred. Fines are set at a minimum of $2,000.

Enhanced Penalties

Anyone convicted of DUI with a blood alcohol content (BAC) of 0.08% or greater must have an ignition interlock device installed on their vehicle for 6 months. If you have a BAC of 0.15% or higher, you will face tougher penalties, even if it is your first offense. The same is true if you are charged with DUI and have a minor in the vehicle with you.

If you’ve caused an accident while intoxicated, you will face a first-degree-misdemeanor unless the injuries are serious, which upgrades the charge to a third-degree felony. When a DUI crash involves fatalities, you will be charged with DUI manslaughter, a second-degree felony that is punishable by up to 15 years in prison.

Consequences of a Florida DUI Charge

The penalties are scary for your future outlook. However, there are other consequences of a Florida DUI charge. In this state, DUI charges stay on your record for 75 years.

Essentially, this means that you may miss employment opportunities once a potential employer finds out about your record. You’ll also need to disclose your conviction on rental applications, which may lead to you being denied an apartment rental.

Lenders also give pause when it comes to convictions on someone’s record. You may not be able to secure a bank loan, mortgage, or credit to build your future. Speaking of your future, if you’re currently working towards obtaining a professional license as a doctor, nurse, or other healthcare professional, you may not be able to get it.

Anyone who isn’t a naturalized U.S. citizen can lose their chance of becoming one. You may be denied a visa renewal or rejected from the naturalization process. When felony charges or enhanced penalties are imposed for a DUI, it usually results in deportation.

You’ll face the consequences of a DUI conviction for years to come. Without a driver’s license, it will be hard to get to work, pick up your kids, or travel. While it may seem like an unfair stigma, people will hold it against you. However, you can fight your charges with the help of a DUI defense attorney.

Legal Defenses for DUI in Florida

Since a DUI defense attorney knows all the DUI laws in the state, they are very familiar with how to fight your case. They can file and litigate motions to suppress or exclude evidence, which is usually the most effective way to defend against the charges.

For example, they may be able to show that the initial stop of your vehicle was made without reasonable suspicion or probable cause. They must have a valid reason to ask you to take a DUI test in the form of chemical tests or field sobriety tests.

What you may not realize is that these tests can be inaccurate. Officers need to be trained to use them properly. Even when the officer is well-trained, the equipment can malfunction. As for field sobriety tests, they are subjective and based only on the officer’s opinion.

In other words, you could trip over a rock and the officer could claim you were intoxicated. You may not have been under the influence for this to occur.

Not all police officers are bad, but some of them will violate your rights by not reading you your Miranda rights before interrogating you. They have a duty to preserve the evidence to show you were driving before you got stopped and how you performed during field sobriety tests.

While you may feel like there is no way out of this, there are many defenses that can be used to negate the prosecution’s claims. If they can’t prove beyond a reasonable doubt that you were driving or in control of the vehicle while intoxicated, they don’t have a leg to stand on. With the help of a DUI law firm, you’ll have experienced attorneys supporting you with a strong defense.