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Driving under the influence is a serious offense in the state of Florida. Being convicted of a DUI charge in Florida can result in serious consequences including fines, imprisonment, and administrative penalties against your driving privileges. Because of all that is at stake when you are charged with driving under the influence, it would be detrimental to your case if you did not consult with an experienced Florida DUI attorney. Having a Florida DUI lawyer on your side gives you the best chance for building a successful defense and moving on with your life following DUI charges.

Florida is one of the states where there are two ways a defendant can be prosecuted for DUI. One of these ways is actual impairment of the person’s ability to safely and reasonably operate a motor vehicle. This means that the person was impaired to a degree that they were not able to follow the rules of the road while driving. The prosecution does not have to prove any specific chemical testing results; impairment is determined by reviewing driving habits, the appearance of the driver, and the failure or success of the driver to perform field sobriety tests. Another way that an individual can be prosecuted for DUI in the state of California is if the person submitted to chemical testing and a result of 0.08% was obtained. In this case, the person is considered to have been driving under the influence because of the chemical result; the prosecution does not have to prove any impairment such as bad driving habits or an inability to successfully pass field sobriety tests. Because of the criminal and administrative penalties associated with driving under the influence, having a Florida DUI lawyer handle your case is an important way to ensure that you can present the best possible defense.

In addition to the criminal charges and penalties you will face for driving under the influence, there are also administrative penalties that can be imposed. These administrative penalties involve suspension or revocation of an offender’s driving license. The term of suspension or revocation is based on the number of prior offenses and other factors that can lengthen a suspension period. Administrative penalties are also imposed for refusal to submit to chemical testing when asked by a law enforcement officer. One DUI offense results in a minimum of a 180 day license revocation that may last up to one year. Second offense administrative penalties result in a minimum of a five year revocation if the offense takes place within five years of the first offense. If five years have passed since the first conviction, the penalties for a first offender will be applied. A third DUI conviction within ten years results in a license revocation period of five years. If the third offense takes place after ten years have passed, first offender penalties apply. If the offender has one conviction that took place more than ten years ago and one conviction that took place less than five years ago, second offense penalties apply. Offenders with two convictions may be eligible for a hardship license after one year of license revocation and offenders with three convictions may be eligible for a hardship license after two years of the revocation period have passed. Offenders who commit a fourth DUI offense or murder by motor vehicle face permanent revocation with no opportunity to obtain a hardship license. DUI with manslaughter results in mandatory permanent revocation, although an offender may be able to get a hardship license after 5 years. DUI with bodily injury and vehicular homicide carry a revocation of a minimum of three years.

The criminal penalties for a DUI in the state of Florida may include fines, jail time, license suspension or revocation, and other penalties based on the number of prior offenses and any special circumstances in each case. The penalties for a first DUI offense include:

• Fines of no less than $250 and no more than $500; fines of no less than $500 and no more than $1,000 for offenders with a BAC of .20% or greater or driving with a minor in the car
• Not more than 6 months in jail or 9 months in jail if the offender’s BAC was .20% or greater or a minor was in the vehicle
• 10 day of vehicle impoundment unless the offender’s family has no other means of transportation

With one prior conviction for DUI, the penalties for a second DUI conviction increase. These penalties include:

• Fines of no less than $500 and no more than $1,000; fines of no less than $1,000 and no more than $2,000 if the offender’s BAC was .20% or greater or a minor was in the vehicle
• Not more than 9 months in jail or 12 months in jail if the offender’s BAC was .20% or greater or a minor was in the vehicle
• 10 days mandatory jail time if it is a second conviction within 5 years
• 30 day vehicle impoundment if second conviction within 5 years

Third offenses result in stiffer penalties designed to prevent the offender from accruing any more offenses. These offenses include:

• Fines of no less than $1,000 and no more than $2,500 for a third conviction more than ten years of the prior convictions; fines of not less than $2,000 for a BAC of .20% or higher or minor in the vehicle
• Fines of not more than $5,000 if it is a third conviction within ten years; fine of not less than $2,000 if offender’s BAC is .20% or greater or a minor was in the vehicle
• Mandatory jail time of 30 days if it is a third conviction within ten years; if it is the third conviction in more than ten years the penalty is no more than 12 months in jail
• Vehicle impoundment of 90 days if third conviction within 10 years

Fourth DUI offenses are a very serious matter. The penalties for a fourth DUI offense include:

• Fines of not less than $1,000 or not less than $2,000 if the BAC is .20% or greater or a minor was in the vehicle
• Jail time of no more than five years

Depending on the number of prior offenses, jail time may be replaced with treatment at a residential alcohol treatment facility. First convictions also carry a penalty of a mandatory 50 hours of community service. These penalties have the potential to alter your life forever, so it is important that you contact a Florida DUI lawyer immediately after being arrested for DUI. A qualified Florida DUI attorney can help you to defend yourself against these serious charges.