(Newswire.net — October 20, 2018) — In the state of Florida, driving under the influence (DUI) is a serious offense that can result in severe penalties. The legal blood alcohol concentration (BAC) limit for adults is 0.08 and 0.02 for drivers under the age of 21. If you are pulled over by a police officer and are found to have a BAC of more than 0.08 while behind the wheel, you can be arrested and charged with a DUI or what’s known as DUBAL — driving with an unlawful blood alcohol level — even if your driving was not impaired.
Additionally, in Florida, you can even be charged with a DUI when your vehicle is not actually moving. For instance, if your car is pulled over to the side of the road or parked and a police officer sees you sleeping inside while intoxicated, you can be arrested and prosecuted for a DUI. Florida also has what is known as “implied consent” laws. This means that all drivers who are arrested for a DUI must submit to a chemical test, whether through the use of their breath, blood or urine, to determine the level of alcohol in their system.
What Happens After a DUI Arrest?
Generally, there are two things that happen when you are arrested for a DUI. First, you will receive a criminal charge. Second, the arresting officer will confiscate your driver’s license and your license will subsequently be suspended. You are also subject to both criminal and administrative penalties.
Upon taking a chemical test, if it is found that your BAC is over 0.08, your driver’s license will be suspended for six months. If you have no prior DUI arrest or conviction, you can either request a formal hearing with the DHSMV or enroll in DUI classes and get a hardship permit, which is valid for the duration of your license suspension. It is worth discussing with a DUI criminal defense attorney which option is the better one for you. If you choose the hardship permit, your greater than 0.08 BAC and six-month license suspension will remain on your record even if the outcome of your DUI case ends up in your favor or dismissed. If you opt for a hearing, it is set within 30 days. If you win the hearing, the license suspension is lifted. If you don’t win, you receive a hardship permit and may opt to take DUI classes.
Penalties for Refusing to Submit to Chemical Testing
If you refuse to submit to chemical testing, you can face the following consequences:
• First offense: You will have your driver’s license suspended for a period of one year.
• Second offense: If you have previously refused to submit to a chemical test, your license will be suspended for 18 months.
• Third offense: If it is your third offense, your driver’s license is subsequently suspended for a period of 18 months.
It is also considered a misdemeanor if you refuse to undergo chemical testing and have previously had your license suspended for a prior testing refusal.
Minimum Jail Terms for DUI in Florida
If you are arrested for a DUI in the state of Florida, you can expect the following jail terms depending on how many prior offenses you have received:
• First offense: No minimum jail term
• Second offense: With a second offense, you can expect to spend a minimum of 10 days in jail
• Third offense: For a third offense, you can spend a minimum of 30 days in jail
Additionally, if you have any prior DUI convictions within the past five or 10 years, you can expect harsher sentences. With a second or third offense, you may receive a longer term in jail, as well as greater fines.
Individuals with a BAC greater than 0.15 must also have an interlock ignition device on their vehicle for six months. Those convicted of a second or third DUI are required to have an interlock ignition device on their vehicle for a period of one and two years, respectively.
If you are arrested for a DUI in Florida, get in touch with William Hanlon criminal lawyer in Clearwater FL at your earliest convenience.