Driving Under the Influence (DUI), often referred to as “drunk driving,” is when a driver of a motor vehicle has a blood alcohol content (BAC) over the legal limit, or their normal faculties are impaired by drugs or alcohol.

There were over 55,000 DUI tickets issued in Florida in 2011, and over half of them resulted in convictions. The standard BAC limit is .08 in every state in the United States, but the “zero tolerance” and “enhanced penalty” BAC limits can vary. In Florida, the “zero tolerance” limit used for persons under the age of 21 is .02 while the limit for an “enhanced penalty” is .15.

DUI Penalties

Florida Statute 316.193 states any person who is convicted of a violation of a DUI will be punished:

• By a fine of:
  • Not less than $500 or more than $1,000 for a first conviction.
  • Not less than $1,000 or more than $2,000 for a second conviction; and
• By imprisonment for:
  • Not more than six months for a first conviction or;
  • Not more than nine months for a second conviction.
• For a second conviction, by mandatory placement for at least one year, at the convicted person’s sole expense, of an ignition interlock device approved by the department.

These penalties above are increased if the DUI is enhanced by the driver having a BAC greater than .15 or having a minor in the vehicle.

In Florida, there is the implied consent law, which requires the driver to comply with the officer’s request for the driver to take the breath test. Failure to do so results in a mandatory 12-month suspension of the person’s driver’s license. A second refusal results in an 18-month suspension and a separate criminal charge.

DUI Defenses

Some ways to challenge DUI cases are: 

• Improper stop by police
• Failure to follow proper field sobriety test protocol
• Inadequate testing and storage of blood alcohol samples
• Medical conditions
• Improper interrogation or Miranda violations
• Blood draw legal issues

DUIs are very complicated and challenging for everyone involved and can be devastating if the driver is convicted. DUI Lawyer Brandon Gans has a great deal of experience representing clients that were issued DUIs and uses this experience to fight for his clients in court.