Categories: Law Firm

Most Common DUI Questions

DUI (Driving Under the Influence of drugs or alcohol), is a criminal offense that may lead to misdemeanor or felony charges. Penalties for a DUI in Florida can range from fines to jail time, and even the suspension or revocation of your driver’s license. Below are answers to commonly asked questions for those who have been charged with a DUI.

In Florida, What is the Legal Blood Alcohol Concentration for Drivers?

In Florida, the legal blood alcohol concentration (BAC) for drivers is 0.08%. If you are driving a motor vehicle and your BAC registers at 0.08% or higher, you may be charged with a DUI. However, while 0.08% is the blood alcohol limit for being charged with a DUI, there are other circumstances in which you can still be charged with a DUI, even if your BAC is below that threshold.

If a law enforcement officer deems you impaired by alcohol or drugs to the extent that you are believed to be unable to safely operate a motor vehicle, you can also receive a DUI
If you are under the age of 21, the legal drinking age, Florida has a zero-tolerance policy for any BAC in your system. Therefore, you can be charged with a DUI if your BAC is 0.02% or higher if you are under 21 years old.

Will I Go to Jail or Be Fined in Florida for a First Time DUI Offense?

In Florida, a first-time DUI offense can lead to a range of penalties, depending on the circumstances of the case. For example, both your BAC level, and whether you caused an accident, can affect the nature of the charges you may face.

Generally, however, a first-time DUI offense in Florida may be punishable by up to six months in jail. A judge may also sentence a defendant to probation rather than jail time. Other punishments for a DUI include community service, fines, and the suspension or revocation of your driver’s license. Because of the range of penalties as well as the seriousness of a DUI charge, it is a good idea to speak with an attorney who can review the facts of your case and advise you on your legal rights and options. For specific legal consequences that you may face, the Florida Department of Highway Safety and Motor Vehicles states the following:

DUI fine schedule, per Section 316.193, Florida Statutes.

First conviction:

○ Not less than $500 or more than $1,000.

○ If blood/breath alcohol level (BAL) was .15 or higher, or if there was a minor in the vehicle, not less than $1,000 or more than $2,000.

Second conviction:

○ Not less than $1,000 or more than $2,000.

○ If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $2,000 or more than $4,000.

Third conviction (within 10 years from the second offense):

○ Not less than $2,000 or more than $5,000.

○ If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.

Third conviction (more than 10 years from second):

○ Not less than $2,000 or more than $5,000.

○ If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.

Fourth or subsequent conviction:

○ Not less than $2,000.

○ If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.

If I Get Pulled Over in Florida for a DUI, Do I Have to Submit to a Breathalyzer?

Although you can technically refuse a breathalyzer test in Florida, you may face steep penalties for refusing to do so. When you obtain a driver’s license in Florida, you are deemed to have given your consent to an approved physical or chemical test, i.e. breathalyzer. An officer who pulls you over with the “probable cause” that you are driving while intoxicated may ask you to submit a breathalyzer test to determine your blood alcohol concentration (BAC). By failing to submit a breathalyzer, a person is subject to a range of penalties, including suspension of someone’s driver’s license for 1 year or more; suspension of 18 months if driver already has a suspended license, or has been fined for a previous refusal to submit a test; and, a charge for a first-degree misdemeanor.

After I Get Pulled Over for a DUI, Will the DUI Investigation be Video-Taped by the Officer?

Body cameras are portable recording devices that law enforcement officers may or may not wear. However, the practice of wearing a body camera has become increasingly common. It is possible that a DUI investigation in Florida may be videotaped by a body camera on the officer who pulled you over. The recording can then be used in court as evidence to convict you of a DUI.

Dash cameras, or “dash cams,” are recording devices that are stationed on the law enforcement vehicle rather than on the body of the police officer. Dash cams can be used in addition to body cameras.

While law enforcement’s use of body-worn cameras and dashboard cameras is regulated by state laws, different law enforcement agencies in South Florida may have policies and procedures that are specific to that department. In South Florida, the following law enforcement agencies have officers use body cameras: Broward County, Miami-Dade, Miami, and West Palm.