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What Are Florida’s DUI Laws?
Driving Under the Influence (DUI) laws in Florida are among the most stringent in the nation, with strict penalties that can have serious long-term consequences. Florida’s zero-tolerance DUI laws make it clear that driving with a blood alcohol content of .08% or higher is illegal. However, Florida’s DUI laws go beyond alcohol consumption. It is also unlawful to drive under the influence of drugs, whether they are prescription medications, over-the-counter medicine, or illicit substances. The state’s laws cover a broad array of impairments, making DUI charges in Florida serious and sometimes complex to defend against.
Additionally, this policy isn’t just applied to alcohol or illegal substances. Prescription drugs, which are often assumed to be safe, are also under scrutiny. Florida’s laws take a tough stance on prescription drug impairment as well, even if the medication was legally obtained. Medications that cause drowsiness affect motor coordination, or impair cognitive function can result in a DUI charge if the driver is caught in a situation where their driving is compromised. For drivers in Orlando or elsewhere in Florida, even a small mistake or a minor impairment can have significant consequences. A strong defense strategy is essential in challenging these charges and avoiding permanent damage done by these convictions. Our team at Panella Law Firm can strategize with you to form a cohesive defense that can help reduce penalties. Call us today at 407-602-6559 to get a free consultation.
Common Penalties for DUI Charges
If you are convicted of a DUI in Florida, the consequences vary depending on factors like your alcohol level, whether it is a first offense, and whether there were any aggravating factors such as an accident, injury, or prior DUI convictions. For a first-time DUI offense in Florida, penalties can include a minimum of 180 days without a driver’s license, fines ranging from $500 to $1,000, and mandatory DUI education classes. In some cases, offenders may be eligible for probation instead of incarceration. However, even a first offense can have long-term consequences if improperly handled. A second DUI conviction carries harsher penalties. Offenders may face a mandatory 10-day vehicle impoundment, a suspension of their driver’s license for at least 5 years, higher fines, and a longer mandatory DUI education program. Jail time may also be imposed, mainly if the alcohol level in the blood is significantly high or there are other aggravating factors. If you are convicted of DUI for a third time within 10 years, Florida law considers this a third-degree felony. Penalties include a minimum 30-day jail sentence, a mandatory 10-year license revocation, and steep fines. For more information and resources, the Florida Department of Safety and Highway Vehicles has a page on its website listing the potential penalties for DUI convictions.
The penalties for a DUI conviction are severe and could result in a permanent criminal record. This record could affect an individual’s ability to get a job, find housing, or apply for loans. More severe consequences are possible if a DUI leads to accidents that cause injury or death, with charges of vehicular manslaughter or DUI with injury, which carry even more significant penalties.
For this reason, defending against DUI charges in Florida, particularly in Orlando, is crucial for anyone facing these charges. A skilled defense lawyer can help reduce the severity of penalties, avoid a conviction altogether, or even get the charges dropped in some instances.
How Can I Defend Against a DUI Charge?
Defense attorneys in Orlando use several strategies to challenge DUI charges and protect their clients’ rights. A DUI case often begins with a traffic stop, but for the stop to be legal, the officer must have reasonable suspicion that the driver is violating a traffic law or is impaired in some way. If the stop was made without a valid reason, any evidence collected during the stop may be inadmissible in court. A defense attorney may argue that the officer had no legal basis for pulling over the driver.
Breathalyzer machines, while commonly used in DUI cases, are not foolproof. They can give inaccurate results due to several factors, including improper calibration, improper handling of the device, or the officer’s failure to follow required procedures. A defense lawyer may question the reliability of the breath test and seek to have the results excluded from evidence. Additionally, medical conditions such as diabetes or acid reflux can sometimes cause false readings, which can be used as part of the defense.
Field sobriety tests (such as walking a straight line or standing on one leg) are often subjective and can be influenced by factors unrelated to impairment. A person’s physical condition, weather conditions, or even nerves during a roadside encounter can affect their performance on these tests.
Hiring An Expert Defense Attorney
Defending against DUI charges in Orlando, Florida, requires a strong understanding of the state’s strict DUI laws, effective legal strategies, and the ability to identify weaknesses in the prosecution’s case. Whether the defense focuses on challenging the traffic stop, contesting the accuracy of BAC tests, or demonstrating that the driver was not impaired, an experienced attorney can help clients achieve the best possible outcome and minimize the potentially severe consequences of a DUI conviction. Whatever unique challenges your case might have, Panella Law Firm wants to hear it. Call us at 407-602-6559 to schedule a meeting with us, or visit our home page for more information.
