Driving under the influence (DUI), often referred to as “drunk driving,” is when a driver of a motor vehicle’s blood alcohol content or BAC is 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. There are also ways to be convicted of a DUI including if someone is under the influence of any chemical substance, or any substance, when affected to the extent that the person’s abilities are impaired.
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.
DUIs are very complicated and difficult for everyone involved and can be devastating if the driver is convicted. Attorney Brandon Gans has a great deal of experience representing clients that were issued DUIs and will use this experience to fight for you in court.