Florida DUI Laws

The majority of Florida DUI laws are found in Florida Statute 316.193, which defines the offense of driving under the influence and outlines the penalties for individuals accused of this crime. However, additional laws related to DUI may also be found in Florida Statute 322.27, which addresses license revocations and suspensions, and Florida Statute 322.61, which addresses disqualification from operating a commercial motor vehicle.

Under these Florida DUI laws, strict penalties are imposed for individuals who are found guilty of a DUI. Some of these penalties impose mandatory minimum sentences, including a minimum period of incarceration and of driver's license suspension. Because of the serious nature of a Florida DUI, it is very important that you get help exploring defenses and other alternatives to incarceration that may be available for a Fort Lauderdale DUI. The Ansara Law Firm have represented many clients and helped them to successfully minimize the consequences of a DUI or avoid conviction, and we can put our legal knowledge to work to achieve the best possible outcome from your case.

Florida DUI Laws

According to Florida DUI laws:

  • You are guilty of a DUI if your BAC is above .08 or if you are impaired at the time when you are driving a motor vehicle (316.193).
  • You may face a fine of $500-$1000 and up to six months in jail for a first DUI offense with a BAC below .15 (316.193).
  • A first-time offender with a BAC above .15 can face up to nine months in jail and a fine between $1,000 and $2,000. Those who have a prior DUI offense or who have a minor in the car at the time of their first offense will also face this penalty (316.193).
  • The penalties become more severe with each DUI offense, including both larger fines and longer jail sentences (316.193).
  • A driver's license may be suspended for a minimum of 180 days after a first DUI offense. The suspension periods become longer for repeat offenders (322.271).
  • An individual with a BAC of .04 or higher while driving a commercial vehicle may be suspended from driving any commercial vehicles for one year (322.61).

Florida laws also mandate that any individual who gets behind the wheel in the state has automatically given consent to have a test performed of his blood alcohol content. This means that refusal to submit to a BAC test can result in an automatic suspension of your driver's license and can be used against you in a DUI case.

You do, however, have certain rights under Florida DUI law. For instance, the most important and fundamental right that you have is the right to be considered innocent until proven guilty. This means you cannot be convicted of a Florida DUI unless the prosecutor assigned to your case can prove beyond a reasonable doubt that you were driving while impaired and/or driving while your BAC was above .08.

A number of potential defenses can be used to cast doubt on whether you should be found guilty under Florida DUI laws including a rising BAC defense and a faulty-breathalyzer defense. To learn more about your options for fighting a DUI or arranging a plea bargain to minimize the serious DUI consequences in Florida, contact an experienced Fort Lauderdale DUI attorney as soon as possible.

If you have been charged with DUI in South Florida, call The Ansara Law Firm today for your free initial consultation at (954) 761-4011! You can also contact us online. It only takes a minute to call, but it can make all the difference in the world.