ABOUT FLORIDA - STATE FACTS
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
Depending on the details of your case, there are options available to you besides jail time, including:
DUI driving school
Substance abuse evaluation and counseling
Reduction / elimination of charge
As you may know, the State of Florida has greatly enhanced the penalties for DUI in recent years. The first conviction may result in a term of imprisonment or probation, a substantial fine, community service time, and a loss of driving privileges. If the judge decides to give you probation rather than a jail sentence, you must be required to report to a probation officer once a month for a year and pay monthly for the costs of probation. Completion of DUI school and an evaluation for substance abuse is also mandatory. Normally your car insurance rates will increase substantially if you are convicted of DUI. Once the conviction is entered by the court, it is very difficult to successfully challenge that conviction after the fact.
A second conviction for DUI can carry with it a mandatory term of imprisonment for not less than 10 days. Subsequent DUI convictions carry even more severe penalties, including long-term jail sentences and mandatory revocation of driving privileges. A third DUI charge can be a felony under a recent change in the law.
The State of Florida must prove a DUI beyond and to the exclusion of every reasonable doubt. The breathalyzer machine might have been in error and the results could be challenged. The circumstances of the arrest might also be subject to legal attack
|Florida DUI Enforcement Laws|
|Florida Statute 316.193: Driving under the influence; penalties.|
|Florida Statute 316.1936: Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.|
|Florida Statute 316.1939: Refusal to submit to testing|
|Florida Statute 322.2616: Suspension of license; persons under 21 years of age|
|DUI Checkpoint Issues|
|Jones v State|
FHP: 10,732 DUI (Driving Under the Influence) Arrests in Florida in 2008
The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs.
- The Ohio Bar Asociation