Grabbing a beer with co-workers after a long day or meeting up with friends for a couple of drinks on the weekend is a common pastime.
Relaxing with a cold beer or sipping a glass of wine after a stressful day can help you unwind, but how are you getting home? The consequences of driving under the influence are often severe and they can also ruin your life.
Sometimes, having that longed-for drink isn’t worth the price you ultimately pay. So, what are the potential penalties for driving under the influence (DUI) in Florida? The answer typically depends on a few factors like your past driving history and if an accident occurs.
Are You Legally Intoxicated?
What does it mean precisely when the law states you’re legally intoxicated? Does it apply when you can’t walk a straight line or touch the tip of your nose with your finger? If a police officer smells alcohol on your breath, are you legally intoxicated? The answer to these questions may be yes.
The authorities can and do use tools like sobriety tests to check your level of intoxication. Even smelling a faint hint of alcohol on your breath can be enough for an officer to request a sobriety test.
So, what does Florida law say about legal alcohol limits? If your blood alcohol content (BAC) is at or higher than 0.08%, you’re considered legally intoxicated. If you’re behind the wheel of a motor vehicle, you can be facing a DUI charge.
The law is a little different for commercial drivers and anyone under the age of 21. Drivers under 21 can be charged with a DUI if they have a BAC of 0.02% or higher. For commercial drivers, Florida law considers you legally intoxicated if you have a BAC of 0.04%.
How many alcoholic beverages can you drink before hitting the legal limit? The answer may be surprising.
For most adults, two beers or glasses of wind is often enough to get your BAC close or even about the 0.08% limit. This means drivers under 21 and those operating commercial vehicles should probably skip having a drink if they’re planning on operating a motor vehicle.
Potential Penalties for a DUI Conviction in Florida
The court and Florida Highway Safety and Motor Vehicles (FLHSMV) are responsible for enforcing the state’s DUI laws. The potential penalties for a DUI typically increase according to whether it’s your first or third offense.
First-Time DUI Offense
If it’s your first DUI offense you’re probably looking at a $130 court cost. This is on top of any fines that may come with the offense. A 1st time DUI charge can result in fines ranging from $500 to $1,000.
You may also lose your driving privileges for anywhere from 180 days to one year. You may also end up paying vehicle impoundment fees. If your BAC is over 0.15%, you may even spend up to six months in jail.
Other potential penalties can include:
- Mandatory participation in a DUI program
- Up to 50 hours of community service and/or up to one year of probation.
- The installation of an interlock device. You’re responsible for paying these costs.
If a minor is in the vehicle, your fines may jump to anywhere from $1,000 to $2,000.
Second DUI Offense
As we mentioned earlier, potential penalties increase with each subsequent DUI offense. If you’re facing your second DUI charge, your penalties can include:
- A suspended driver’s license for up to five years. This penalty is common if your second DUI offense occurs within five years of the first one.
- Up to nine months in jail, though you may face a full year if your BAC is above 0.15%.
- Fines ranging anywhere from $1,000 to $4,000. You’re probably facing higher fines if a minor is in the vehicle at the time of the incident.
You also have court administrative costs to deal with that include additional fines, mandatory DUI prevention classes, and the installation of an interlock device in your vehicle.
Third DUI and Subsequent Offenses
As you probably expect, by the time you hit your third DUI offense, potential penalties are noticeably steeper. You should expect to pay fines that can range from $2,000 to $5,000.
You’re also required to spend 30 days in jail, which is a mandatory punishment for pretty much all third-time DUI offenders. Your vehicle can also be impounded for up to 90 days, and getting it back is usually expensive. You’re paying towing fees plus daily impoundment costs.
If you continue driving under the influence, your driver’s license can be suspended for up to five years. If you’re wondering if you can apply for hardship driving privileges, the answer is no.
Even if driving is the only way you can get to work or make crucial medical appointments, the state doesn’t allow any exceptions if you’re on your 4th or more DUI offense.
Minors Can Face Harsher Penalties
To legally purchase alcohol in Florida, you must be at least 21 years of age, which is a state law and there aren’t any exceptions. It should be noted that the law is the same in all 50 states.
If you’re not 21, you can’t purchase alcohol whether it’s in a store or at the bar. When it comes to consuming alcohol, the law can be a little vague. If you’re under 21 and are with a legal guardian, the law does allow you to enjoy an adult beverage.
However, if you decide to have a beer and get behind the wheel, the potential penalties for a DUI can be steep. If you’re charged with a DUI and are under the age of 21, the adult responsible for giving you the alcohol can also face charges.
You can lose your driving privileges for 6 months. If you refuse a BAC test, the suspension can be extended to 18 months. If a minor receives a 2nd DUI charge, they can lose their driver’s license for one year.
What to Do If You’re Charged with a DUI
If you’re charged with a DUI, it’s important for you not to go to court without legal representation. While your attorney might not be able to get the charges dismissed, they can often work to reduce the potential penalties.
That said, the best advice is to avoid driving after consuming alcohol altogether. By making responsible choices, you can steer clear of the risks and consequences of a DUI.
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