5 Things You Need to Know About Florida DUI Laws
For many Fort Lauderdale area residents, a drunk driving arrest will be their first–and hopefully only–interaction with Florida’s criminal justice system. There is often a good deal of confusion surrounding Florida’s DUI laws and how they work. So here are five things you should know about the law when it comes to drunk driving in the Sunshine State.
- You Do Not Have to Actually Drive the Car
Florida’s DUI statute requires proof that a person under the influence was “driving or in actual physical control of a vehicle.” The phrase “in actual physical control” is important. It means the state does not have to prove you were actually driving the car when the police stopped you. You can be sitting behind the wheel with the keys in the ignition, or even nearby the driver’s seat, and still be considered in physical control, and thus guilty of DUI.
- You Can “Pass” a Breathalyzer test and Still Be Charged
Most people know that a blood-alcohol content (BAC) of 0.08 percent or higher, as measured by a Breathalyzer or similar device, means you are legally too drunk to drive. But blowing less than the legal limit does not necessarily get you off the hook for a possible DUI charge. In Florida, a person commits an offense if they are under the influence “to the extent that the person’s normal faculties are impaired.” This is a subjective standard that allows a police officer to arrest you based on their own observations of your driving behavior. So even if you had just one drink, you could still be charged with DUI.
- You Can Refuse the Breathalyzer–But There’s a Price
Under Florida law, when you accept a driver’s license, you are also deemed to give consent to a Breathalyzer or similar chemical test when a police officer lawfully arrests you for DUI. You can still refuse a Breathalyzer under these circumstances, but doing so can trigger an automatic administrative suspension of your Florida driver’s license. This suspension lasts 1 year for a first refusal, and 18 months for a subsequent refusal. Your refusal can also be cited as evidence against you in a DUI trial.
- How Much You Had to Drink Matters
Not all DUI offenses are treated the same. For one thing, the penalties are higher if you have any prior DUI convictions. But even if you are a first-time offender, the degree of your intoxication can also lead to a higher sentence. Specifically, if the state can prove your BAC was 0.15 or higher–or roughly twice the legal limit–you are subject to higher fines and more jail time than a regular first offense for DUI.
- You Need to Call a Fort Lauderdale DUI Lawyer
One of the worst mistakes people make when arrested for DUI is thinking they can just talk their way out of a criminal charge. Drunk driving is not a traffic ticket and you need to take these allegations seriously. Your first step should be to contact an experienced Fort Lauderdale DUI lawyer. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.
