According to the laws prevailing in the state of Florida, if you are in physical control of a vehicle, you have consented to submit a chemical test when checked for the alcohol content in your blood. It is good to be aware of the possible penalties that you can face and the consequences of getting a DUI in this state.
Consequences of Driving Under the Influence
When you are driving or in physical control of a vehicle, your blood alcohol content (BAC) must be below 0.08%. If it is 0.08% or higher, or even if your driving has been impaired by some degree due to any intake of alcohol or drugs, you can get a DUI.
Drivers who are under the age of 21 years must have a BAC of below 0.02%. Minors may get their licenses revoked until they are 18 years of age if it is their first offence and may have their licenses revoked till 21 years on a second offence.
If you refuse to take a breath analyzer test or a blood test in the state of Florida when you are asked for one by an officer of the law, your license may be suspended for a period of up to 18 months.
First time offenders have the licenses suspended for one year.
What are the Penalties?
The jail time in Florida for those who have been convicted for a DUI will depend on which offence it is. When it is a first offence, there is no minimum jail time that has been specified. When it is a second time a minimum period of ten days in jail is mandatory and when it is a third tie, the minimum period is 30 days. Every conviction stays on record and they will be counted if you are sentenced for another offence. After the first offence, they will be considered for a period of five years and after the second, for a period of ten years.
If you are facing a DUI charge, it is important to get a good criminal defense attorney as soon as possible. A well-argued case may allow you to enter a plea bargain of reckless driving instead of drunk driving. If the court believes that the alcohol content in your blood is borderline, they may accept the plea if you do not have any prior record. However, if you are caught again for drinking and driving, the previous charge of ‘wet reckless’ will be considered as a DUI conviction.
The Law Office of Philip Averbuck is a criminal defense attorney office based in Florida. They represents clients for all kinds of criminal charges including DUIs, domestic violence and other offences. Our team ensures that every case is researched completely and fought for as well as possible. Also check out our new page on DUI and DWI Penalties.