Florida DUI Law Overview

Any Florida certified DUI lawyer serving the areas of Orlando, Kissimmee, and Longwood will tell you Florida’s laws about driving under the influence are strict.

Like everywhere else in the United States, Florida prohibits driving any type of vehicle if you have a blood alcohol concentration (BAC) of .08% or higher. For drivers of commercial vehicles, this limit lowers to half at .04%, and if you’re under the age of 21, you shouldn’t even stand next to someone who is drinking, because a .02% BAC can get you a DUI conviction!

Orlando area offenders also face increasing fines and punishment for multiple convictions and higher BAC levels.

1st Offense

If you have a BAC between .08 and .15:

• 6 months of jail time (maximum)
• $500 to $1,000 in fines
• License suspension of  180 days to a year
• Up to 6 months with an ignition interlock device
  • 50 hours of required community service (plus a $10 fine per hour of community service!)
  • Your vehicle will be impounded for 10 days
  • You might be allowed to go to a treatment program instead of serving jail time

If you have a BAC above .15:

• 9 months of jail time (maximum)
  • $1,000 to $2,000 in fines (this also applies if you have a minor in the vehicle with you, regardless of your BAC)
• License suspension of 180 days to a year
  • Hardship Reinstatement – you must complete DUI School prior to submitting your hardship application
• Up to 6 months with an ignition interlock device
  • 50 hours of required community service (plus a $10 fine per hour of community service!)
  • Your vehicle will be impounded for 10 days
  • You might be allowed to go to a treatment program instead of serving jail time

2nd Offense

If you have a BAC between .08 and .15:

• 10 days of mandatory jail time if your previous DUI was within 5 years
• 9 months of jail time (maximum)
• $1,000 to $2,000 in fines
  • License suspension of 5 years if your previous DUI was within 5 years (you’re eligible for Hardship Reinstatement after a year if you complete a DUI school)
• 1 year with an ignition interlock device
  • Your vehicle will be impounded for 30 days if your previous DUI was within 5 years

If you have a BAC above .15:

• 10 days of mandatory jail time if your previous DUI was within 5 years
  • 12 months of jail time (maximum — this also applies if you have a minor in the vehicle with you, regardless of your BAC)
  • $2,000 to $4,000 in fines (this also applies if you have a minor in the vehicle with you, regardless of your BAC)
  • License suspension of 5 years if your previous DUI was within 5 years (you’re eligible for Hardship Reinstatement after a year if you complete a DUI school)
• 2 years with an ignition interlock device
  • Your vehicle will be impounded for 30 days if your previous DUI was within 5 years

3rd Offense

If you have a BAC between .08 and .15:

• Counts as a Third Degree Felony if your previous DUI was within 10 years
• 30 days of mandatory jail time if this is your third conviction in 10 years
• 12 months of jail time (maximum)
• $2,000 to $5,000 in fines
• License suspension of 10 years if this is your third conviction in 10 years (you’re eligible for Hardship Reinstatement after a year if you complete a DUI school)
• 2 years with an ignition interlock device
• Your vehicle will be impounded for 90 days if this is your third conviction in 10 years

If you have a BAC above .15:

• Counts as a Third Degree Felony if your previous DUI was within 10 years
• 30 days of mandatory jail time if this is your third conviction in 10 years
• 12 months of jail time (maximum)
• $4,000 minimum in fines (this also applies if you have a minor in the vehicle with you, regardless of your BAC)
• License suspension of 10 years if this is your third conviction in 10 years (you’re eligible for Hardship Reinstatement after a year if you complete a DUI school)
• 2 years with an ignition interlock device
• Your vehicle will be impounded for 90 days if this is your third conviction in 10 years

4th Offense

• $2,000 minimum fine
• Up to 5 years of jail time
• Lifetime license suspension with no Hardship Reinstatement

But Florida goes even farther with its implied consent laws, which require you to take a chemical test if you’re pulled over for suspicion of driving under the influence – or automatically have your license suspended for a year. And this applies to anyone who drives in the state of Florida!

All of this may seem especially disconcerting given all the evidence that breathalyzers aren’t all that accurate, but if you work with an Orlando DUI lawyer, failing a breath test isn’t a reason to give up hope.

Right now, there are a number of courts in central Florida areas like Orlando, Kissimmee, and Longwood that are throwing out breath test results entirely. If you’ve received breath test results that you believe to be incorrect, get in touch with a certified DUI attorney today to find out how you can defend yourself and get the faulty information thrown out.

You likely don’t know all the ins and outs of DUI law and breathalyzer testing, but a DUI lawyer with experience trying cases all around central Florida can tell you that there are a number of defensive tactics to use, beyond just bringing up the natural and pervasive fallacy of breathalyzer tests, possible user error, and differences in your body’s physiology.

For instance, did you know that many judges are having cases thrown out because the companies the make breathalyzers won’t provide information on how their machines measure breath results? Without those results, there’s no way to prove that the machines are accurate!

And a recent Florida Supreme Court Decision (Florida Department of Highway Safety and Motor Vehicles v. Hernandez, 2011 WL 2224791) helped even the playing field more for defendants by finding that a breath test can only be issued “pursuant to a lawful arrest,” which requires the officer to prove probable cause of you violating a law.

If you’re a first time offender, you’ve got even more options. Many people qualify for diversion programs such as PTD and the Osceola County Diversion Program that keep them from going to trial and have their criminal charges dropped once they finish the program. These programs, however, are difficult to get into and have numerous requirements to complete them, so you should talk to a certified DUI lawyer to go over all of your options before you make any decision.