DUI Law and Punishments
Florida DUI Laws | Tampa Attorneys
In the past two decades, DUI legislation in Florida has become increasingly tough. The Tampa DUI lawyers at Musca Law are prepared to defend your DUI.
DUI in Florida can be proven either by a scientific – although not always reliable – blood or breath alcohol test showing a blood alcohol content of 0.08 percent. Alternatively, DUI can be proven by demonstrating that the driver was actually impaired, either by drugs or alcohol. Even over-the-counter and legitimate prescription medications can cause impairment significant enough to result in a DUI arrest. If you did not have a blood alcohol content of at least 0.08, the prosecution will introduce evidence that you were unable to drive normally, such as unusually slow driving or crossing the center line.
Florida DUI Penalties
The punishment for a DUI conviction in Florida can be extremely harsh. The penalty for a conviction may involve jail time, driver’s license suspension or revocation, probation, community service, and the impoundment of your car. Aggravating factors, such as having a child in the vehicle or a blood alcohol content over 0.15, will increase the penalties for a DUI conviction. The chart below details the statutory penalties for each offense, from Florida Statute 316.193:
| Offense | Car Impound Period | Driver's License Suspension or Revocation | Period of Probation | Jail Term | Fines | | First DUI | 10 days | Six months to one year | Up to one year | Up to six months | $500-$1,000 | | First DUI, Aggravating factor | 10 days | Six months to one year | Up to one year | Up to nine months | $1,000-$2,000 | | Second DUI, more than five years since first DUI | 10 days | Six months to one year | Up to one year | Up to nine months | $1,000-$2,000 | | Second DUI, more than five years, aggravating factor | 10 days | Six months to one year | Up to one year | Up to one year | $2,000-$4,000 | | Second DUI within five years | 30 days | Five years | Up to one year | 10 days to one year | $1,000-$2,000 | | Second DUI within five years, aggravating factor | 30 days | Five years | Up to one year | 10 days to one year | $2,000-$4,000 | | Third DUI, more than 10 years since previous offenses | 10 days | Six months to one year | Up to one year | Up to one year | $2,000-$5,000 | | Third DUI, more than ten years, aggravating factor | 10 days | Six months to one year | Up to one year | Up to one year | >$4,000 | | Felony Third DUI within 10 years | 90 days | 10 years | Up to five years | 30 days to five years | <$5,000 | | Felony Third DUI within 10 years, aggravating factor | 90 days | 10 years | Up to five years | 30 days to five years | >$4,000 | | Felony Fourth DUI under any circumstances | 10 to 90 days, depending on prior record | Permanent revocation | Up to five years | Varies, up to five years | >$2,000 | |
In addition to these penalties, you may also have to attend DUI school, substance abuse treatment, perform community service, and install a breathalyzer ignition interlock on your vehicle when your driver’s license is reinstated. All of these penalties can be expensive and time-consuming. The high costs, the stigma of conviction, and time in jail can affect your relationship with your family and jeopardize your job. The Musca Law Tampa DUI defense lawyers will provide aggressive, comprehensive defense against these penalties.
Do DUI Laws Even Work?
There is evidence to suggest that tough DUI laws, with longer prison terms, are not effective in preventing drunk driving. Although legislators have continually enact stronger DUI laws in Florida, such as lowering the blood alcohol level at which intoxication is presumed, the laws may not be effective. Researchers from the University of Florida investigated the new DUI laws and their effect on driving behavior over 17 years. Not only did the laws fail to deter drunk drivers, they did not prevent alcohol-related traffic accidents.
The most effective deterrent is actually the risk of getting caught. The Florida research team found, like other criminology research studies have shown, that drunk drivers and others who break the law do so largely because they do not believe that they will be apprehended or spend time in jail.
DUI Laws Around the World
American partygoers can be glad that although the DUI laws in Florida and throughout the country have become increasingly hard on offenders, they are still more lenient than in most parts of the world. Although most of North and Central America have laws similar to those in the United States, European countries generally have far lower blood alcohol content limits. In most countries, the acceptable level ranges from zero to no more than 0.05 percent.
What Constitutes Driving?
Under Florida law, you must be in “actual physical control” of a vehicle to be arrested for DUI. Many people are surprised to learn how broadly that phrase has been interpreted. For instance, driving a lawnmower while intoxicated in Florida could result in a DUI conviction. Likewise, sitting in the driver’s seat of a car that is not turned on is considered to be actual physical control of the vehicle. A few years ago, a New Jersey man was even arrested for DUI for operating a Zamboni ice rink smoothing machine while intoxicated, but his conviction was reversed on appeal.
The Necessity Defense
A criminal court presumes that a driver knows his or her own level of intoxication. Simply being unaware that you are driving with a blood alcohol content over the legal limit is not a sufficient defense. But what if you absolutely had to drive – to save your own life or someone else’s? Driving while you are impaired as a necessity is a valid defense.
Contact Musca Law for DUI Defense
Call (813) 793-6001 or fill out our online contact form for your free and confidential initial consultation.
