With the hardline stance taken by Florida police regarding driving under the influence, a suspected DUI charge can have massive ramifications on your life. A conviction can create unwanted problems with your professional, social and financial livelihood.
Taking the time to develop an understanding of what the state laws entail should give you a more educated perspective on the subject, allowing you to deal with the situation in the most effective way possible.
Under Florida Statistics §316.193, a person is guilty of the offense of driving under the influence if the person is driving or is in actual physical control of the vehicle within the state and:
• Is under the influence of alcoholic beverages, any illegal chemical, or controlled substance when impaired to the extent that normal faculties are impaired, or
• Have a blood alcohol content (BAC) of .08 grams or more.
For drivers under 21 years of age, Florida. Statistics §322.2616 requires a 6-month license suspension if the driver’s BAC is greater than .02. Commercial drivers face disqualification from holding a commercial license under Fla. Stat §322.64 if their BAC is greater than .08.
With respect to the definition of “actual physical control”, this is considered when an individual is in the position of the driver of the front seat of a vehicle and has possession of the vehicle’s ignition key or other ignition device.
Regarding penalties, Fla. Statistics §316.193 establishes that a first conviction for driving under the influence carries a presumptive sentence of up to 6 months in prison and/or a fine of up to $1000.
If your BAC was confirmed to be .15 or higher at the time of arrest, your sentence could include up to 9 months in jail and/or up to $2000 in fines.
In addition to jail time and possible fines, you will also have to complete a mandatory 50 hours of community service, or an additional $10 fine for each hour of community service required (Fla. Stat. §316.3193). With respect to probation, if probation is part of your sentence, the required period of time cannot be longer than one year.
Initial arrest will include at least 8 hours in jail prior to release, along with administrative license suspension. You will have 10 days from the time of arrest to submit the necessary paperwork to request a hearing from the Department of Highway Safety and Motor Vehicles to challenge your suspension. Failure to request a hearing will result in an automatic suspension.
The criminal process itself includes a first appearance (always within 24 hours of the arrest) where you will be informed of the charges against you. Several weeks later, you must enter a guilty plea at the arraignment, where representation by a defense attorney is recommended. In some cases, a lawyer may ask you to sign a waiver of appearance, which allows them to represent you without you having to attend.
If you plead not guilty, your case will be scheduled for a pretrial hearing. This is done to negotiate with the prosecutor and update the judge on the progress of the case. After this, if no agreement has been reached, motions or evidentiary hearings follow, being your presence mandatory. This is the opportunity to present testimony, evidence, and argument.
If no resolution has been found, the case will go to trial, where you have a constitutional right to a jury trial. You can also waive your right to a jury trial and instead have the case decided by a judge, if it is in your best interest.
As you can see, the process is easy and transparent if you have a basic understanding of the situation. With a knowledgeable and informed perspective, along with proper representation from a defense attorney, you have a much better chance of fighting the charges that have been filed against you.
