Dui in florida when do you get jailtime

How Florida DUI Cases are Handled in the Courtroom

Since more than 20, DUI offenders were re-arrested for driving on a suspended license in , some residents and lawmakers feel the laws must be even stricter. What this means to Florida residents, is that law enforcement may be over-zealous when looking for impaired drivers, and state prosecutors want to ensure anyone charged with the crime is prosecuted to the fullest extent of the law.

The High Costs of DUI in Florida

Obviously, no one is in favor of having impaired drivers on the road. There are, however, drivers who are not irresponsible regarding driving under the influence, yet still find themselves facing the serious consequences of DUI charges. Every state in the U. For those who test at a higher BAC than 0.


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As you can see, the consequences—both short and long-term—are very serious. If you have been charged with a Florida DUI, it is crucial you speak to an experienced Ayo and Iken DUI attorney as soon as possible in order to increase your chances of a positive outcome. We drive to and from work, to school, we take the kids to school and pick them up, we run a multitude of errands, visit our friends and family, go to church and take our families on vacation.

In some states DWI is specifically related to the consumption of alcohol, while DUI encompasses either alcohol or drugs, prescribed or illegal, any of which result in a driver who is too impaired to drive. If, for example, you over-medicated yourself with Nyquil to the point it could be shown you were impaired while you were driving, then you could conceivably be charged with a Florida DUI. The same is true of painkillers, sleep medication or any prescription medication or over-the-counter medication which affects your ability to drive safely. DUI laws apply to those driving a vehicle, and even riding a bicycle.

Those who are driving a boat while impaired, would be charged with BUI. Whatever you call it, there are serious penalties associated with driving while impaired. In order to show you were impaired, the state is responsible for proving you were in control of the vehicle, and were impaired.

In order to be convicted of a DUI in Florida, it must be shown you were in control of your vehicle. In other words, the key must be in close enough proximity that it could be easily accessed.

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Understanding Florida DUI Arrest Charges

As an example, while your car may generally be operable, a dead battery or a flat tire could render it inoperable. While this sounds straightforward enough, there have been Florida cases of people being arrested for DUI while they were outside their vehicle. The courts held that, due to lack of anyone else in proximity to the vehicle, circumstantial evidence was sufficient to prove actual physical control.

You could also be ordered to attend drunk driving school, attend a drug and alcohol program and be sentenced to community service. Should you refuse a chemical test, you will lose your license for a period of a year, no matter if you are convicted of DUI or not.

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A fourth and subsequent DUI convictions in the state of Florida are third-degree felonies and could result in your being labeled a habitual offender. In addition to the criminal penalties, you can lose many personal freedoms, following a DUI conviction.

You could be unable to obtain a passport or purchase a firearm after such a conviction, unable to obtain a professional license, rent a home or work with children. Driving under the influence is a serious offense. It puts more at stake than just the license or reputation of the driver. When a driver gets behind the wheel of a car while intoxicated, they risk the lives of others around them as well. While DUI laws are generally strict no matter where the offense occurs, they do vary from state to state.

Where does our state fall on this scale? In Florida, a first offense for DUI brings no minimum jail time. Pre-trial diversion programs are also offered for first time offenders, which means that the driver may be able to complete an alcohol treatment or rehabilitation program as an alternative to prosecution.

Repeat offenders that have had three DUI convictions within 10 years, or are charged with a fourth DUI conviction face the same felony penalties.

Penalties for a First DUI

While some instances of a DUI may not be considered a felony, any DUI is a criminal offense and will impact you severely for many years after the incident. Driving under the influence of alcohol or drugs is extremely dangerous and leads to thousands of deaths annually. This is one mistake that can drastically alter your life, whether it be as a result of causing a tragic death, or preventing you from entering into your desired career field. Find more resources about drunk driving prevention at MADD. Tags: dui , florida , state laws.