Considering Florida’s fatality rates for driving under the influence, it’s not surprising that they impose strict penalties for the offense. Florida drunk driving laws are meant to protect the public and punish convicted drunk drivers. It never hurts to be aware of the legal ramifications of one’s actions, even if they never drive under the influence of alcohol. But if you’ve been arrested or pulled on the suspicion of drunk driving, here is what you can expect from Florida’s legal system.
In the state of Florida, like all other states, driving a motor vehicle with a . 08 blood alcohol concentration (BAC) or higher is unlawful. If they’re operating a commercial vehicle the limit is half that: a . 04 BAC. Also, a BAC of . 15 or above incurs even stricter penalties than a normal DUI conviction. The police perform a BAC test whenever someone is suspected of driving under the influence of alcohol, either through a test of that person’s blood, breath, or urine.
If the suspect is under the age of 21, Florida drunk driving laws have something called a zero-tolerance law. In Florida, the legal BAC for a person under 21 is a . 02, which is essentially less than even one alcoholic beverage. A person pulled over by police who is under 21 and is over this limit automatically has their license suspended for six months.
The police are allowed to perform BAC tests under a legal principle called ‘implied consent.’ What this means is that in exchange for the possession of a driver’s license, you have already agreed to undergo testing if suspected of DUI. A person suspected of drunk driving could refuse to submit to these tests under a normal DUI check, but doing so is admissible in the court system as evidence of driving under the influence anyway.
Furthermore, refusal to submit to a BAC results in the automatic suspension of your license for a year. If this is the second or third time that a person has refused such testing, their license can be suspended for 18 months and is considered a misdemeanor. If a DUI suspect is operating a commercial license, a second refusal disqualifies you from retaining that license permanently.
In Florida, even a first DUI conviction carries strong penalties. These penalties include fines of between $500 and $1000, community service of 50 hours, possible incarceration and probation, mandatory completion of DUI school. Additionally, if you tested a . 15 or above BAC, it is mandatory that an ignition interlock device be placed in your car for up to six months.
An ignition interlock device prevents your car from starting if your blood alcohol level is above a pre-programmed amount. It gets mounted to the dashboard of your motor vehicle and operates like a breathalyzer BAC test. To prevent cheating the device and having a friend breathe into the device, many ignition interlock devices require the driver to test repeatedly during the car’s operation. If they fail, the car doesn’t shut off, but it does set off an alarm until a clean sample comes in or the car turns off.
Obviously, the penalties for DUI under Florida drunk driving laws will be more strict on repeat offenses. Repeat offenders face jail time under a felony charge and worse. Hopefully you’ll never need this advice, but this guide should give you a brief understanding of Florida DUI laws. For more information, don’t hesitate to contact the Florida DMV or a Florida DUI lawyer.
