Driving under the influence of alcohol or drugs is a serious offense in Florida. Any person charged with a DUI offense can face administrative (driver’s license suspension), criminal (jail time and/or fines), and collateral consequences (loss of a professional license) if convicted.
It is essential that you obtain the assistance of an experienced DUI lawyer as soon as possible following an arrest. Working with a Delray Beach DUI lawyer can be the difference between a conviction and securing a favorable outcome in your case. En Español.
Florida DUI Laws
Under Florida Statutes 316.193, it is an offense to drive or be in physical control of a vehicle when the person:
- is under the influence or alcohol, chemical substance, or controlled substance to the extent that normal faculties are impaired, or
- has a blood alcohol or breath alcohol level of 0.08% or higher
What is Implied Consent?
Florida’s implied consent law establishes that anyone who accepts the privileges of driving in the state, has agreed to submit to law enforcement requests for blood, chemical, or urine testing. The purpose of determining the blood or breath alcohol content or detecting the presence of drugs if lawfully arrested for committing a DUI offense. A Delray Beach DUI lawyer can speak on your behalf to avoid any further charges to your case.
Consequently, refusing to submit to lawful requests for blood, urine, or breath testing will result in the suspension of a driver’s license. The first refusal will result in a one-year suspension of driving privileges and a second refusal will result in an 18-month suspension.
Possible Impacts of a Refusal to Submit to a Breathalyzer Test
There are two ways that Prosecutors in Delray Beach can prove that a person was driving under the influence. The most common way is the result of a breathalyzer, blood, or urine test. According to Florida Statute § 316.193, any person driving a vehicle with a blood-alcohol content of .08 percent or more is guilty of DUI. Denying this evidence to Police Officers and Prosecutors can force them to fall back on a less powerful theory of their case.
Prosecutors may also rely on a Police Officer’s observations to infer impaired driving from drugs, alcohol or a combination thereof. Evidence in these scenarios is subjective and may include:
- Erratic driving
- Slurred speech
- Bloodshot eyes
- The smell of alcohol
- Poor balance
Prosecutors prefer to rely on the scientific evidence that breath tests may produce. This makes their case seem more powerful. Even so, breathalyzers are not always accurate, and a Delray Beach DUI Attorney could help to contest this evidence in court.
What Happens After a Police Officer Stops a Vehicle?
Driving in Delray Beach is a privilege. Even once a person obtains a license, they must follow the rules of the road to exercise their ability to drive. Every law that governs safe driving in Delray Beach exists to protect drivers, passengers, pedestrians and the general public. The State’s prohibition on drunk driving is an essential part of its responsibility to ensure public safety.
If a Police Officer thinks that a driver has violated a rule of the road, they have the authority to perform a stop. At this point, the Officer may observe the driver for signs of impairment. If a Police Officer has a reasonable suspicion based on articulable facts that a driver may be impaired, they have the lawful authority to make an arrest. This arrest may be the product of any of the following:
- Erratic driving
- The smell of alcohol
- Bloodshot eyes
- The results of a field sobriety test
One or all of these factors (plus others) can justify an arrest. If you are arrested, the Officer must transport you to the closest Breath Alcohol Testing Facility or B.A.T. for a chemical test of your breath, blood or urine.
The Booking Process and Observation Period
The arrest is not the only opportunity for a Police Officer to gather evidence concerning a suspected DUI. To strengthen their case, Officers will want to obtain scientific evidence of supposed impairment. They can do this because of the state’s implied consent law. Under Florida Statute § 316.1932, all drivers give their implied consent to submit to a breath, urine, or blood test if a Police Officer has probable cause to believe that a DUI has occurred. This does not mean that a driver must submit to this test. However, a refusal to do so will result in a mandatory period of license suspension. If a driver does consent to the test, the Officer must keep the driver under observation for at least 20 minutes before administering the test.
Once the test is complete, or a person refuses to submit to the test, the booking process takes place. Here, an Officer will take a person’s identifying information, such as name, birthday, and address. They will also take a mug shot, inventory an individual’s belongings, and take fingerprints. Once this is complete, a person waits in a holding cell for at least eight (8) hours or until their first court appearance, depending on the specific charges and circumstances. If the only charge is a DUI, you should be released after hours from the time of arrest or until you are no longer impaired and are safe to be released.
What are the Penalties for a DUI Offense?
Impaired driving charges can be a misdemeanor or felony offense, depending on whether the person has any prior DUI convictions and if any aggravating circumstances are present. It is important to contact a Delray Beach drunk driving lawyer to help mitigate your case. The penalties for a DUI conviction are as follows:
First Offense
A first offense charge can lead to one year in jail and a minimum fine of $500, but no more than $1,000. There is a mandatory driver’s license revocation of 180 days and maximum of 12 months for a first offense charge for drunk driving.
Second Offense
A second offense would occur within five years of the first DUI conviction. The minimum jail time for a second offense is up to 10 days and maximum jail time of nine months with a minimum fine is $1,000 and a maximum fine is $2,000. This includes a minimum five-year driver’s license revocation.
Third Offense
A second offense would occur within ten years of the second DUI conviction. Mandatory jail time of 30 days and maximum jail time of five years. A minimum fine of $1,000 and a maximum fine of $5,000. Minimum 10-year driver’s license revocation, but can apply for a hardship license after two years.
Fourth or Subsequent Offense
There is no minimum jail sentence for a fourth offense, but there is a maximum jail time of five years. The minimum fine for a subsequent offense is $2,000 with a lifetime driver’s license revocation.
Even if a person manages to avoid a lengthy license suspension, the Court has other means to limit freedom of movement. For example, a second DUI conviction requires the installation of an ignition interlock device on all vehicles for a period of at least one year. Clearly, a conviction for DUI can impact every part of a person’s life.
Alternatives to Taking the Case to Court
Avoiding a DUI conviction may not even require a person to take the case to Trial. The State recognizes that many otherwise law-abiding people have the potential to make a single mistake in their lives. If a DUI arrest does not involve damage to people or property and is a person’s first arrest for an incident involving alcohol, the Prosecutor may allow a driver to enroll in a pretrial diversion DUI program.
In this program, a person must complete at least 50 hours of community service, DUI school, the Victim Impact Panel, and install an ignition interlock system on their vehicle. If a driver completes this process within a specified time frame, the prosecutor will recommend that the court place the driver on probation.
This probation will require a person to submit to random alcohol tests as well as to complete additional educational courses and pay fines. The final result of your case will be that you received a reduced charge of reckless driving and were not convicted of any crime that can then be sealed off of your record. A Delray Beach DUI Attorney could provide more information about the pretrial diversion program and determine whether this is an available option.
Contacting an Attorney
A DUI conviction can result in mandatory vehicle impoundment and the installation of an ignition interlock device. DUI penalties are enhanced if the person had a blood alcohol or breath alcohol level of 0.15% or above or had anyone under 18 years of age in the vehicle at the time of the offense. If you have been charged with a DUI, you likely have numerous questions about what will happen next. Delray Beach DUI lawyers will take the time to clarify your options, protect your rights throughout the criminal process, and explore every defense available. Call today.
