Under Florida law, Driving Under the Influence is the operation of a motor vehicle, with a blood-alcohol level of 0.08 or more. Motor vehicle can mean a boat, car, truck, scooter, motorcycle, etc. Something very noteworthy to understand is that the motor vehicle does not even have to be moving, simply operable. Yes, that means you can be charged with a DUI for simply sitting or sleeping in a motor vehicle that is operable.

Because drinking and driving is so dangerous, the penalties for doing so are extremely harsh in Florida. The state is serious about curbing injuries and deaths from alcohol-related crashes. The more DUIs/BUIs you receive, the worse the penalties become. A DUI/BUI will remain on your driving record for 75 years. (http://www.dmv.org/fl-florida/automotive-law/dui.php)

Don't delay; let an experienced former prosecutor help protect your good name and reputation. Call today for a free confidential consultation.

Even your first DUI/BUI mistake can cost you more than just dollars:

• Fines of $250 to $500. If you have a BAC of .20 or higher, or were driving with a minor in the car, your fine will be anywhere from $500 to $1000.
• Community service. Mandatory 50 hours, or an additional fine equaling $10 per required hour.
• Probation of no more than one year.
• Jail time of at least eight hours, but could last up to six months. For BAC of .20 or higher, the sentence could last nine months.
• Vehicle impoundment for 10 days (not counted during your incarceration)
• Driver license revoked for a six month minimum

After the first conviction for a DUI, the penalties only get stiffer.

In detecting and making an arrest for a DUI in Florida, the police look for certain signs when affecting a traffic stop. Police are looking at a driver's speed, ability to stay within the traffic lanes, signaling a lane change, or any other traffic related matter that gives an officer the ability to pull you over. Once they stop you, they are looking and smelling. The officer is going to look at your eyes to see if they are red/bloodshot. They are also looking to see if you (or your vehicle) are emitting an alcoholic or narcotic odor. All these signs taken together will lead to officer to investigate further, which will expose you to roadside exercises.

"Operation of a motor vehicle constitutes consent to any field sobriety tests required by law." Thus, by taking possession of and driving on a roadway in Florida, you are automatically giving consent to the police that you will cooperate and submit to all lawful requests for field sobriety tests. Failure to comply and submit to the lawful request will result in an immediate suspension of your driving privileges for a minimum of 6 months.

If you do chose to refuse to comply with a lawful command for a field sobriety exercise and your license is suspended and confiscated, you are entitled to certain legal challenges. However, by refusing to consent, you will be charged with an additional misdemeanor for the refusal. The Courts and Driver's License Bureau allow you to file for a hardship license, which will enable you to continue to drive for work purposes, both during the pendency of your trial and possibly throughout the entire ordeal. Additionally, an attorney may appeal the suspension to the DMV, which would have no direct implication to any criminal charges pending.

Once you received the initial citation for the DUI as well as the revocation and suspension of your license or notice of such, you have 10 days to file for a review, whether informal or informal. The hearing shall take place within 30 days of the filing for review and the driver is responsible for all costs associated with the review process. At the hearing, an officer will examine all the evidence and determine whether there is a basis for the suspension that is supported by a preponderance of the evidence and then notify the driver. This decision may be appealed to a higher court.

When it comes to roadside exercises, the police may make you do any of the following tests:

• Horizontal Gaze Nystagmus (Eye test - follow the finger)
• Walk the line AKA Walk and Turn
• One Legged Stand
• Finger to Nose

Based on your results in these physical tests, the police may ask you to submit to further testing. The additional tests may include any of the following:

• Breath Test - you would be required to blow into an intoxilyzer machine which will read your blood-alcohol level and give the police a reading in order to determine if you are in violation of the legal limit
• Urine Test - you would be required to give a urine specimen in order for the police to determine if you are in violation of the legal limit, usually used with the police suspect that the driver is intoxicated with a narcotic
• Blood Test - you would be required to give a blood sample in order for the police to determine if you are in violation of the legal limit, usually used with the police suspect that the driver is intoxicated with a narcotic, or when you are too intoxicated to provide one of the two above methods. This test is also used in when a driver is involved in an accident involving injury to others and the Court may order a blood sample taken, usually involuntarily.

Don't delay; let an experienced former prosecutor help protect your good name and reputation. Call today or contact us online for a free confidential consultation.

For more information, see Florida Statute 316.193: Driving under the influence; penalties