Have you or a loved one been injured in an accident caused by a driver under the influence in Florida? Contact Neufeld & Kleinberg, PA, today to schedule a free consultation. We want to help you get the justice and compensation you deserve for your injuries.

Have you or someone you know been injured in a DUI accident in Florida? If so, you’re likely facing serious injuries and a complex legal situation. Understanding Florida’s DUI laws is crucial for protecting your rights and navigating the legal process.

At Neufeld & Kleinberg, PA, we’re committed to helping individuals affected by DUI accidents. Our experienced Florida DUI accident lawyers deeply understand the state’s laws and can provide you with the legal guidance you need.

This page will discuss the various types of DUI charges in Florida and the potential penalties for each charge. We’ll also explore the legal options available to victims of DUI accidents. By understanding the complexities of Florida’s DUI laws, you can make informed decisions and take proactive steps to protect yourself and your loved ones.

DUI in Florida

Driving Under the Influence (DUI) refers to operating a vehicle while impaired by alcohol, drugs, or controlled substances. In Florida, DUI laws are stringent, imposing severe penalties for DUI convictions. 

The severity of DUI offenses escalates with factors such as blood alcohol concentration (BAC), prior DUI convictions, and whether serious bodily injury or property damage occurred.

Blood Alcohol Concentration (BAC) Limits in Florida

Florida law determines DUI charges based on a driver’s BAC. The BAC measures the level of alcohol in a person’s bloodstream, and exceeding the legal limit results in DUI penalties.

Standard Drivers

For most Florida drivers, a BAC of 0.08% or higher leads to a DUI charge. A first DUI conviction typically results in penalties such as:

  • License suspension for up to six months
  • A fine ranging from $500 to $1,000
  • DUI school and a substance abuse evaluation
  • Vehicle impoundment for ten days
  • Mandatory community service of 50 hours Subsequent convictions, including a second DUI conviction, result in harsher penalties such as longer suspension periods, higher fines, and potentially jail time.

Commercial Drivers

Commercial drivers, like those operating trucks, are held to stricter standards. Under Florida statutes, a BAC of 0.04% or higher is considered over the legal limit. A DUI conviction for commercial drivers can lead to:

  • Immediate license suspension
  • Possible revocation of the commercial driver’s license. Commercial drivers convicted of a DUI face not only severe penalties but may lose their livelihood as their profession depends on their ability to drive.

Drivers Under 21

Florida’s underage DUI laws enforce a zero-tolerance policy for drivers under 21. A BAC of 0.02% or higher leads to immediate administrative penalties, such as:

  • Driver’s license suspension for six months
  • Mandatory DUI probation
  • Enrollment in a substance abuse course For underage drivers, a BAC at or above the 0.08% limit will result in the same penalties as adult drivers, including possible DUI convictions and criminal charges.

Additional Factors in DUI Convictions

Certain factors can result in aggravated DUI charges, which carry more severe penalties. These factors include having a minor in the vehicle at the time of the offense, causing serious bodily injury or DUI manslaughter, or having two prior DUI convictions. 

Aggravated DUI can lead to felony charges, including a third-degree felony or second-degree felony, depending on the circumstances. In cases of a fourth DUI offense, or if a driver causes serious injury or death, the penalties escalate dramatically, including prison time and a permanent loss of driving privileges.

Penalties for DUI Offenses

Driving under the influence (DUI) is a serious criminal offense in Florida, carrying severe penalties that increase with each subsequent conviction. DUI penalties are designed to deter dangerous behavior, protect public safety, and hold offenders accountable for any harm they cause. 

Florida DUI penalties are outlined in Florida statutes and depend on several factors, including the driver’s blood alcohol concentration (BAC), prior DUI convictions, and whether any aggravating circumstances, such as the presence of a minor in the vehicle or involvement in an accident, apply.

First-Time Offenders

A first DUI conviction in Florida typically carries relatively lighter penalties compared to repeat offenses, but the consequences are still significant. A first-time offender may face penalties that include:

  • Fines: Fines can range from $500 to $1,000, depending on the severity of the offense. If the driver’s blood alcohol concentration (BAC) is 0.15% or higher, fines may increase from $1,000 to $2,000.
  • Jail time: A first-time DUI conviction can result in up to six months of jail time. However, if the offender’s BAC was particularly high or if a minor was present in the vehicle, the maximum jail time could increase to up to nine months.
  • Driver’s license suspension: A first DUI conviction results in an automatic driver’s license suspension of 180 days to one year.
  • DUI school: Offenders are required to complete a DUI program, which includes attending DUI school and undergoing a substance abuse evaluation.
  • Community service: Florida law mandates at least 50 hours of community service for first-time offenders.
  • Vehicle impoundment: The offender’s vehicle may be impounded for ten days following a conviction.
  • Ignition interlock device: If the offender’s breath alcohol level is 0.15% or higher, they may be required to install a mandatory ignition interlock device for at least six months.

Repeat Offenders

Penalties increase dramatically for those with prior DUI convictions. The more offenses, the harsher the consequences:

  • Second DUI conviction: For a second DUI conviction, fines range from $1,000 to $2,000, and jail time can be up to nine months. If the offender has a blood alcohol level of 0.15% or higher, or if there was a minor in the vehicle, the penalties increase, with fines up to $4,000 and jail time of up to 12 months. The driver’s license may be suspended for up to five years, and an ignition interlock device will be required for at least one year.
  • Third DUI conviction: A third conviction within 10 years of the prior offense is classified as a third-degree felony. This can lead to up to five years in prison, a $5,000 fine, and a driver’s license revocation period of 10 years. A third DUI conviction also requires a mandatory ignition interlock device installation for at least two years.
  • Fourth or subsequent DUI: A fourth DUI offense is also considered a third-degree felony with penalties that include up to five years in prison and a permanent driver’s license revocation. Fines for a fourth DUI range from $2,000 to $5,000.

Aggravating Factors

Several aggravating factors can increase the severity of DUI penalties. These include:

  • High BAC levels: Having a blood alcohol concentration of 0.15% or higher can lead to enhanced penalties, including increased fines, longer jail sentences, and extended mandatory use of an ignition interlock device.
  • Presence of minors in the vehicle: If an offender is caught driving under the influence with a minor in the vehicle, penalties become much more severe, with increased jail time, fines, and possibly longer license suspension periods.
  • DUI accidents: A DUI that results in an accident causing serious bodily injury or death can lead to felony charges. For instance, causing DUI serious bodily injury is a third-degree felony, while causing DUI manslaughter is a second-degree felony punishable by up to 15 years in prison.

DUI Accidents and Victim Rights

In Florida, victims of Florida DUI accidents have specific legal rights to seek compensation for damages caused by DUI offenders. If a person is injured due to someone driving under the influence of alcohol or a controlled substance, they can pursue a personal injury claim.

Legal Rights of DUI Victims

DUI victims in Florida are entitled to seek compensation for their losses. This may include:

  • Medical expenses: DUI victims can recover the cost of medical treatment, including hospital stays, surgeries, rehabilitation, and ongoing care for long-term injuries.
  • Property damage: Victims can also seek compensation for any damage to their vehicle or other personal property.
  • Pain and suffering: In addition to economic losses, victims can claim compensation for non-economic damages such as physical pain, emotional distress, and loss of enjoyment of life.
  • Lost wages: If the injuries result in time off work, the victim can recover the income they would have earned during recovery.

DUI Checkpoints and Enforcement

Let’s take a quick look at the legality of DUI checkpoints, common times and locations for these stops, what to expect when encountering one, and the legal process that follows a DUI charge, including arrest, booking, court proceedings, and sentencing.

Legality of DUI Checkpoints in Florida

DUI checkpoints, also known as sobriety checkpoints, are legal in Florida. According to Florida DUI laws, law enforcement officers are permitted to set up these roadblocks to stop drivers and assess if they are driving under the influence of alcohol or other controlled substances. 

Although DUI checkpoints are controversial in some states, the Florida Supreme Court and the U.S. Supreme Court have upheld their constitutionality, citing the public safety benefits they provide.

These checkpoints are designed to target drivers with high blood alcohol concentration (BAC) levels or those under the influence of drugs. Drivers who are found to be intoxicated at these checkpoints face severe penalties, especially if they have prior DUI convictions or are involved in incidents resulting in serious bodily injury or death.

Common Times and Locations for DUI Checkpoints

Law enforcement typically sets up DUI checkpoints during times and in locations where DUI offenses are more likely to occur. Holidays such as New Year’s Eve, Memorial Day, and Independence Day are high-traffic times when DUI checkpoints are common due to the increased risk of drunk driving. 

These checkpoints are frequently set up near:

  • Busy highways
  • Popular nightlife areas
  • Major intersections
  • Areas with a history of DUI-related accidents

Checkpoints are often scheduled for late evenings and early mornings when people are more likely to be returning home from events or establishments where alcohol is served. Officers at these locations are trained to spot signs of intoxication and may request breath tests to determine a driver’s blood alcohol concentration.

Legal Process for DUI Cases

A DUI arrest in Florida initiates a complex legal process that can involve several stages, each with its own implications. Understanding what happens after a DUI checkpoint stop can help individuals prepare for what lies ahead.

Arrest and Booking

If you’re arrested at a DUI checkpoint, law enforcement officers will take you into custody and transport you to a local jail for booking. During the booking process:

  • Your fingerprints and photographs are taken.
  • Officers may administer further tests to measure blood alcohol levels or check for controlled substances.
  • Your driver’s license may be suspended immediately, pending further legal action.

After booking, you may be released on bail or remain in custody, depending on the severity of the offense, such as if it’s your third DUI conviction, you had a minor in the vehicle, or if the DUI caused a serious injury.

Court Proceedings

Once arrested, you will face a series of court proceedings:

  • First Appearance: You’ll be informed of the charges, and the judge may set bail.
  • Pretrial Hearing: Here, your DUI lawyer will negotiate plea deals, challenge the legality of the checkpoint, or discuss the evidence, including blood alcohol concentration tests.
  • Trial: If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence.

A first DUI conviction can lead to a range of penalties, including fines, community service, and mandatory attendance at DUI school or a substance abuse course. However, subsequent DUI convictions or cases involving serious bodily injury or DUI manslaughter can result in felony charges and much harsher penalties.

Sentencing

DUI penalties in Florida are severe, and the consequences increase with the number of prior convictions or the severity of the offense. For example:

  • First DUI Conviction: Penalties include fines, license suspension (up to one year), possible jail time (up to six months), and mandatory DUI probation and community service.
  • Second DUI Conviction: A second DUI conviction within five years can lead to harsher punishments, including a longer license suspension, increased fines, jail time (up to nine months), and mandatory installation of an ignition interlock device.
  • Third DUI Conviction: A third DUI offense within ten years is classified as a third-degree felony and carries severe penalties, including up to five years in prison, significant fines, and long-term driver’s license revocation periods.
  • Fourth DUI Offense: A fourth or subsequent DUI is considered a second-degree felony under Florida statutes, punishable by up to five years in prison and permanent revocation of the individual’s driver’s license.

In addition to criminal penalties, individuals convicted of DUI may face administrative penalties from the Florida Department of Highway Safety and Motor Vehicles. These can include longer driver’s license suspension periods, mandatory participation in a DUI program, and vehicle impoundment.

Contact a DUI Accident Lawyer in Florida

If you or a loved one has been injured in a DUI accident in Florida, contact Neufeld & Kleinberg, PA, for experienced legal representation. We understand Florida DUI laws’ complexities and are here to help. Call us today to find out your options for seeking fair compensation.

If you have been injured as a result of an impaired driver, we can help you navigate Florida’s DUI statutes and pursue the compensation you deserve. Call (305) 931-6666 today.

 

Note: This article is intended for informational purposes only. Our dedicated team compiles accident news reports using a variety of trusted external sources, such as local news outlets, official police reports, social media updates, and eyewitness statements regarding incidents in Florida. While we strive for accuracy, the facts in this post have not been independently verified by our writers. If you identify any inaccuracies, please contact Neufeld & Kleinfeld, PA, immediately, and we will promptly address any corrections. Posts can also be removed upon request.

Disclaimer: This post is not intended as a business solicitation. The information provided should not be interpreted as medical or legal advice. Additionally, the photo accompanying this post does not depict the accident scene described in this post.

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