Clearwater DUI Lawyer

Florida DUI Laws

In Florida, you can be charged with DUI under the following conditions:

• Your blood alcohol concentration (BAC) measured .08 percent or higher. For drivers under 21, the legal limit is .02 percent.
• You were deemed by law enforcement to be under the influence of alcohol and/or drugs enough that normal faculties are affected regardless of BAC. 

You can be charged with DUI in these situations even if you were not driving but were in physical control of the vehicle, such as sitting in your car with the keys in the ignition. 

A DUI arrest will lead to two separate proceedings. One is the criminal case in which you will have to defend yourself in court against potential penalties such as fines, jail time or community service, and more. The other is the administrative case with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) related to the automatic suspension of your license. You will have just 10 days to request a hearing and 30 days to schedule a formal review to fight the automatic loss of your license or request a restricted license. If you fail to request the hearing, your license will be suspended. 

DUI Penalties

On the criminal side of your case, the penalties for a DUI conviction are harsh, even in a first offense. If you have prior convictions within the last 5 to 10 years, you can expect to face even stiffer penalties. 

Penalties for a first offense can include:

• Fines ranging from $500 to $1,000
• Up to 6 months in jail or mandatory treatment
• 50 hours of community service or an hourly fee in lieu of service
• License suspension from 180 days to a year
• 10 days of vehicle impoundment

Second offenses can increase jail time to 9 months, with a mandatory 10-day sentence; fines from $1,000 to $2,000; 30 days of vehicle impoundment; and license suspensions of up to 5 years. Being charged with a third offense within 10 years or a subsequent offense in your lifetime can increase the misdemeanor charge to a felony. Potential penalties dramatically increase, with a prison sentence of up to 5 years and more than $2,000 in fines. Your license may also be suspended for the rest of your life. 

If you were found driving with a minor in the vehicle, if your BAC was more than .15 percent, or if DUI caused serious injury or death, you may face additional penalty enhancements, including up to 15 years of prison time.