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Driving Offenses

“There by the Grace of God go I.”

 

That is what most of us call driving offenses. Don’t let anyone judge you, morally. Everyone, except for teetotalers, has gotten behind the wheel when he or she shouldn’t have.

 

Law enforcement. Judges. Lawyers. Doctors. Your neighbor. Everyone.

 

That doesn't mean these cases aren't serious. Especially if there is an accident, injury or, God forbid, a death.

 

The consequences can be severe, the cases quite complex, and very scientifically focused. 

 

Driving under the influence (DUI) in Florida means operating a vehicle while your ability to drive is impaired by alcohol, drugs, or both.

 

If your blood alcohol concentration (BAC) is 0.08% or higher, you are considered legally drunk. However, you can still face DUI charges even if your BAC is below 0.08% if your driving is noticeably impaired.

Potential Consequences of a DUI Charge in Florida

 

Being charged with a DUI in Florida can have severe and long-lasting consequences. Click on the "Learn More" below or check out the firm's social media for more in depth explanations, but here are some basics:

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  1. Fines and Fees: For a first DUI offense, the fine can range from $500 to $1,000. If your BAC is 0.15% or higher, or if you had a minor in the car, the fine can go up to $2,000. If it's not your first, things can change dramatically.
     

  2. Confinement: For a first DUI offense, you can face up to six months in jail. If your BAC was 0.15% or higher, or if there was a minor in the vehicle, the jail time can be up to nine months. Repeat DUI offenses lead to even longer jail sentences.
     

  3. Community Service: You may be required to complete a certain number of community service hours. These start at 50 hours and go up from there.
     

  4. Probation: You may be placed on probation for up to one year. This depends a lot on the facts of your particular case but, if nothing else is possible, the goal is always to keep you out of confinement. Even though the conditions can be very burdensome, jail is worse.
     

  5. Driver's License Suspension: For a first offense, the suspension can last from 180 days to one year. If not your first, if there is one or more refusals, the stakes are even higher.
     

  6. Ignition Interlock Device: Potentially, a device installed in your car (at your expense) that requires you to pass a breath test each and every time you want to start it. For the duration of your sentence. 
     

  7. DUI School: You will likely have to attend and complete a DUI school or substance abuse course. Almost no matter what, add a few hundred dollars for this.
     

  8. Increased Insurance Rates: Your car insurance rates will likely increase significantly. Not only will your rates go up, Florida is one of two states that require you to carry higher minimum coverages (FR-44) due to a conviction.
     

Even before your criminal case is resolved, you will face administrative penalties for an arrest or a refusal. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) can do the following:
 

  1. Immediate License Suspension: If you fail the breathalyzer test, your license will be suspended immediately for six months. If you refuse to take the test, the suspension is for one year. If it's your second or more refusal, that's a potential additional misdemeanor.
     

  2. Hardship License: You may be eligible for a hardship license, which allows you to drive to work, school, and other necessary places. To get a hardship license, you must complete DUI school and apply to the DHSMV. Time is of the essence on this. You have a limited number of days to take action. 

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If you are charged with a DUI, there are several defenses that you may use to fight the charges. Every case is different, but some common defenses are:
 

  1. Improper Traffic Stop

  2. Faulty Breathalyzer Test Results

  3. Medical Conditions Affecting DUI Test

  4. Field Sobriety Test Issues

  5. Lack of Evidence

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Facing a DUI charge in Florida is serious, but understanding the potential consequences and defenses can help you navigate this challenging situation. Remember, everyone has the right to a fair defense. If you are facing a DUI charge, consider consulting with a qualified DUI attorney in Florida to explore your options and protect your rights.

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