Law Office of Lee Hollander 2325 Stanford Court Naples, FL 34112
Florida DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
State
"Per Se" BAC Level
"Zero Tolerance" BAC Level
Enhanced Penalty BAC Level
"Implied Consent" Law
Florida
.08
.02
.20
Yes
DEFINITIONS: "Per Se" Blood Alcohol Concentration (BAC) Level As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state’s enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver’s license sanctions.
"Implied Consent" Laws "Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver’s license, usually for six months to a year.
Florida DUI Law Highlights: Selected Penalties (Table 2)
Mandatory Alcohol Education and Treatment/Assessment
Vehicle Confiscation Possible?
Ignition Interlock Device Possible?
Florida
6m/ 1y/ 2ys
Both
Yes
Yes
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS: Administrative License Suspension/Revocation The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver’s license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state’s utilization of alcohol education and treatment/assessment programs.
Vehicle Confiscation Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender’s vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state’s utilization of vehicle confiscation as a penalty for DUI.
Ignition Interlock A vehicle ignition interlock breath-testing device measures a vehicle operator’s BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device.
COMMONLY ASKED QUESTIONS AND ANSWERS
TYPE OF CASES MY FIRM HANDLES My firm handles a wide range of criminal cases, including DWI charges and traffic offenses. I also handle family law and personal injury claims.
YOU SHOULD HIRE ME IF: You want an aggressive trial attorney who will carefully assess your case, charge a fair rate and be completely honest with you from start to finish.
IF YOU WANT TO TELL MY LAW FIRM ABOUT YOUR SITUATION YOU SHOULD: Call my office at (239) 530-1800. If no one is available to take your call, please leave a message and I will return your call as soon as possible.
MY CLIENTS WILL TELL YOU THAT: My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition, my personal and regular contact with clients, availability and involvement with every aspect of the case allows me to obtain the most favorable results.
MY PHILOSOPHY ON HOW I APPROACH EACH CASES IS: To ask detailed questions about your situation and explain how the law applies. I do careful research when there appears to be legal issues, and prepare each case thoroughly. I am honest and direct with all of my clients, aggressive at trial, good at negotiations and seek the best result possible in every case.
IF YOU WANT TO LEARN MORE ABOUT MY FIRM YOU SHOULD: Call for a consultation at (239) 530-1800.
