As a criminal defense lawyer in Florida, I often receive questions about what to expect when you're pulled over for a DUI. The process can be intimidating and confusing, so this blog will walk you through what happens from the moment you're stopped to the potential outcomes in court. We'll cover the basics of Florida’s DUI laws, the importance of BAC levels, and some less common scenarios that can still result in DUI charges.
The Traffic Stop: What to Expect
When you're pulled over under suspicion of DUI (Driving Under the Influence) in Florida, the officer will likely ask you a series of questions and request that you perform field sobriety tests. If the officer believes there’s enough evidence, you’ll be asked to take a breathalyzer test to determine your Blood Alcohol Content (BAC).
Breathalyzer Test: Florida law requires drivers to submit to a breathalyzer test when asked by law enforcement. Refusing the test can result in an automatic license suspension for up to one year for the first refusal and up to 18 months for subsequent refusals, along with other penalties.
Booking: If the breathalyzer test indicates a BAC of 0.08 or higher, you will likely be arrested and taken to the local jail for booking. At this stage, your fingerprints and photographs will be taken, and you'll be held in custody until a decision is made about your bond.
First Appearance and Bond
In many DUI cases, particularly for first-time offenders, you may be able to post bond without appearing before a judge. However, this depends on the specifics of your case, such as your BAC level, whether there was an accident, and whether there are prior DUI convictions.
First Appearance: If your case involves aggravating factors, such as a BAC over 0.15, an accident, or prior DUI convictions, you may be required to appear before a judge at a first appearance hearing. At this hearing, the judge will determine whether to set bond and any conditions of your release.
Bond Without First Appearance: For less severe cases, bond can often be posted based on a preset bond schedule, allowing you to be released without seeing a judge. This is more common in cases where the BAC was below 0.15, there were no accidents, and the individual has a clean record.
Understanding Florida’s DUI Laws
Basic DUI: Under Florida Statute § 316.193, a person is guilty of DUI if they are driving or in actual physical control of a vehicle with a BAC of 0.08 or higher, or if their normal faculties are impaired due to alcohol, drugs, or a combination of both.
Enhanced Penalties for BAC Over 0.15: If your BAC is 0.15 or higher, the penalties are more severe. This can include higher fines, longer license suspension, and mandatory ignition interlock device installation.
Penalties:
BAC below 0.15: You may face fines, probation, community service, DUI school, and a possible jail sentence.
BAC above 0.15: Penalties increase significantly, including higher fines, longer probation, more community service hours, and a mandatory ignition interlock device for at least six months.
Unique DUI Scenarios
Sleeping in Your Car: Florida law doesn’t require you to be driving to be charged with a DUI. If you're found sleeping in your car and the keys are within reach, law enforcement may argue that you were in "actual physical control" of the vehicle and intended to drive. This can result in a DUI charge, even if the car wasn’t moving. Never sleep in the drivers seat and make sure your keys are out of reach and you'll have a much easier time convincing the jury that you had no intention of driving the car. The further the keys are from both you and the ignition, the better your chance of beating the DUI charge is
DUI on a Lawn Mower: Surprisingly, DUI laws in Florida aren’t limited to cars and trucks. If you're operating any motor vehicle, including a riding lawn mower, on public roads while impaired, you can be charged with a DUI. This may sound far-fetched, but it has happened in Florida.
The Consequences of a DUI Conviction
A DUI conviction can have long-lasting effects on your life, including a permanent criminal record, loss of driving privileges, increased insurance rates, and possible job loss. It’s crucial to understand your rights and seek legal counsel to navigate the complexities of DUI law.
Beating a DUI Charge in Florida
To successfully defend against a DUI charge, it is crucial to have comprehensive knowledge of the typical strategies employed by the prosecution. Oftentimes, prosecutors will seek to establish DUI guilt using either one or a combination of two main methods.
The first method entails demonstrating that the driver's impairment was a result of alcohol consumption, affecting their mental and physical faculties. This method often involves the use of field sobriety tests.
The second method places greater emphasis on the driver's blood-alcohol level. This method often involves the use of a breathalyzer, urinealysis or blood tests.
Because all of these types of evidence are subject to debate, beating a DUI case involves being able to effectively address each of these claims. If you or someone you know has been charged with a DUI in Florida, contact Lakeland DUI Lawyer Mark McMann for experienced legal representation.
We will guide you through the legal process and fight for the best possible outcome.
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