What are the DUI laws in Florida?

In the state of Florida, if you are driving under the influence and have a blood/breath alcohol level of .08 or higher you will be charged with a DUI. According to the Florida Department of Highway Safety and Motor Vehicles, the penalties upon conviction are the same but depending on certain factors such as prior convictions or if there was a minor in the car, the suspect will face heavier consequences.

Referenced from the Department of Highway and Safety and Motor Vehicles, here is an outline of the consequences and suspension laws for a DUI in Florida.

First offense:

  • Pay a fine anywhere between $500- $1000.
  •  50 hours of community service is mandatory; you can either complete the community service or pay $10 for every hour that is required.
  • Probation (should not exceed a year).
  • You will not face more than 6 months jail time.
  • Your license will be suspended anywhere from 180 days to a year.
  • Mandatory DUI school before hardship reinstatement.
  • Your car will be impounded 10 days.

If it is your first offense AND you have a BAL of .15 or higher or have a minor in the car your sanctions will worsen. Your fines will increase to $1,000-$2,000 and you could face up to 9 months in jail.

Second offense:

  • A fine of $1,000- $2,000
  • You will not face more than 9 months of jail time.
  • If it is within 5 years of prior offense, license will be suspended for 5 years.
  • Mandatory DUI school.
  • Your car will be impounded for 30 days.

If you have a BAL of .15 or higher or a minor is present, your fines increase to $2,000-$4,000 and you can face up to 12 months in jail.
Third offense:

  • A fine of $2,000-$5,000
  • You will face at least 30 days of jail time but no more than 12 months.
  • If it is within 10 years of prior offense, license will be suspended for 10 years.
  • Mandatory DUI school.
  • Your car will be impounded for 90 days.

Again, if you have a BAL of .15 or higher or a minor is present, your fines increase to no less than $4,000.

The most important thing you can do after receiving a DUI is to contact a criminal defense attorney. Hillsborough County is one of Florida’s most active counties in cracking down on drunk drivers. Generally speaking, if you are pulled over for DUI questioning, you will be arrested. Unfortunately you must pay the price, but having a Tampa defense attorney present throughout your process will ensure that you are making the right decisions as you go forward. A Board-Certified attorney should know the DUI laws like the back of their hand, so they will be able to educate you on what happens next.

Drug Offenses- What you should know.

Drug offenses are both Federal and State statutes. If you have left Florida or your state of residence and get charged with possession, you could be charged with a US Federal statute.

In the drug offense video below, Tampa Criminal Defense Lawyer Lori D. Palmieri states that the most recent, serious drug related crime is the possession of controlled substances.

“As we sit here in 2011, the primary focus of law enforcement is the distribution and possession of controlled substances that are prescription drugs.”

But that is obviously not the only type of drug that constitutes for a drug offense. Any type of drug from crack-cocaine to marijuana will land you a drug charge.

Penalties for drug offenses will be determined by any of the following factors:

  • – Quantity of the drug?
  • – Was it simple possession?
  • – Was it possession with intent to sell, distribute, and/or deliver?
  • – Were there weapons involved?

Drug cases are very fact specific. If evidence is wrongfully obtained or there were problems with the search and seizure, the possibility to move the court in motion of suppress is there. Generally, the case will go away.

A conviction of any drug offense can result in the loss of your Florida drivers license and the length of suspension depends on the specific factors of the crime. A qualified attorney will know what can be done to avoid or minimize the loss of a license.

 

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