In the state of Florida, criminal cases involving driving under the influence are complicated matters that can vary greatly depending on the specific allegations, facts, and circumstances in the case. The following list our little-known facts about Florida DUI cases. If you or a loved one has been arrested for a DUI charge anywhere in Florida, contact Musca Law for your free case evaluation. Our firm has more than 30 office locations throughout Florida to better assist our clients. For your free initial consultation, call (239) 237-3588. Our phone lines are open 24/7.
When you possess a Florida Driver's license, you have already agreed to provide an alcohol or drug test when ordered by law enforcement.
According to Florida Statute Section 316.1932, an individual who his license to drive a vehicle in Florida has already agreed to provide a chemical test for drugs or alcohol. Under Florida's implied consent law, all drivers with a Florida driver's license have already granted the state consent to test them for the presence of alcohol or drugs at a law. On any road or highway in the state of Florida. These chemical tests may include urine tests, blood tests, and breath tests. In addition, even if the driver who has been pulled over by law enforcement does not have a driver's license, he or she automatically provided implied consent to drug or alcohol testing during a lawful Dui investigation.
Refusing to take alcohol or drug tests will result in an automatic driver's license suspension.
According to Florida statute section 316.1932, if a driver refuses a lawful order to provide a sample of their breath or to undergo drug testing during the course of a DUI investigation, The driver's license will automatically be suspended for a period of one year on a first time refusal. Any subsequent test refusal will result in a driver's license suspension for 18 months. A driver who refuses to submit to a drug or alcohol test a second or subsequent time could be charged with a misdemeanor crime in the state of Florida.
You could become legally intoxicated after fewer drinks than you might realize.
In the state of Florida, the legal limit is a blood alcohol concentration, otherwise known as BAC, is 0.08%. Many people do not realize how many alcoholic drinks that they can consume before reaching the legal limit. Oftentimes people who have been pulled over and arrested for DUI state that they did not feel impaired and that they only had a couple of drinks. However, suppose the arresting officer believes that he has reasonable cause to believe that you are impaired. In that case, you could be ordered to provide a breath sample to determine your blood alcohol concentration. Should you blow over 0.08 in the state of Florida, you will be arrested for exceeding the legal limit.
In the United States, and average man weighs under 200 pounds. Although people metabolize alcohol at different rates, a man who weighs approximately 200 pounds can exceed a BAC of 0.08% after consuming only four 12-ounce beers, four 5-ounce glasses of wine, or four 1.5 ounce shots of 80 proof liquor. A woman who weighs approximately 170 pounds will surpass a BAC of 0.08 after consuming approximately 2 to 3 alcoholic beverages. In most cases, a person's blood alcohol concentration will be lower as more time passes in between each drink.
In the state of Florida, you could be charged with a DUI when your vehicle is parked.
Most people believe that "driving under the influence "means you actually have to be driving in order to be charged with a DUI. However, in Florida, your motor vehicle does not have to be in operation, or even moving, or idling for you to be charged and arrested for DUI. According to Florida law, an individual can be charged with driving under the influence as long as you are in "actual physical control "of the motor vehicle.
Ever since this law was enacted, defense attorneys and prosecuting attorneys have argued over what it means to be in "actual physical control "of a motor vehicle. Generally, the definition relates to the likelihood that you were about to drive the vehicle and your ability to be able to drive the vehicle. For example, law enforcement officers, prosecuting attorneys, and judges consider the location of the vehicle, the location of the vehicle's keys, and the condition of the motor vehicle when determining if the individual had "actual physical control "and is guilty of driving under the influence.
Suppose a law enforcement officer witnesses an individual sleeping in the driver seat with the motor vehicle's keys in the ignition, and the car is shut off. In that case, it could be argued that you have "actual physical control "of the motor vehicle. However, if a police officer sees you sleeping in the backseat of the car, the engine is shut off, and the keys are not inside or near the car, it is likely you would not have "actual physical control."
A DUI conviction may not mean a jail sentence.
Under Florida DUI laws, a jail sentence is a potential punishment when an individual has been found guilty of driving under the influence of drugs or alcohol. In certain circumstances, an individual's first DUI conviction in Florida, Might not result in serving jail time. However, if convicted of a subsequent driving under the influence charge within five years of the previous DUI conviction, the offender will be required to serve ten days minimum in jail. If an individual has been convicted on DUI charges with two other previous DUI convictions in Florida within a total of 10 years, the mandatory minimum jail sentence is 30 days. At Musca Law, our Naples DUI defense attorneys always work hard to take prison or county jail off the table on behalf of our clients.
Drivers can easily avoid being charged with DUI in Florida.
It is easy to avoid being pulled over, arrested, and charged with DUI in the state of Florida by making it a habit of having a designated driver. There are also several ridesharing services such as Lyft and Uber that you can summons to your location with just a few taps on your cell phone. It's also important that if you use a designated driver, that that driver does not consume any alcohol throughout the entire time. If you were loved one has been charged with a DUI in Naples, Florida, call (239) 237-3588 for your free case review. Our phone lines are open 24/7.