The basic chart below outlines the administrative penalties that manifest themselves in Driver’s License sanctions following a given DUI-related incident. In the second row under the section entitled “Blood Alcohol Level,” there is a label that reads, “Test results of a .08 or higher.” The DUI defense attorneys at Leifert & Leifert would like to point out a little-known fact about the infamous “.08”—you can still be charged with DUI even if you register under a blood alcohol content of .08 on a breathalyzer or blood test.
The fact is that you are considered, legally, to be driving while impaired (under the influence of alcohol) if you register a blood alcohol content of .08 or higher does not mean that if you register below that number, that you are not driving while impaired. You can still be charged with DUI in the state of Florida if there is ample evidence supporting the argument that you were impaired. For example, if there is evidence of you driving recklessly with, for example, a .055 blood alcohol level, you can be charged with the crime of DUI, regardless of whether you met the .08 benchmark.
| Blood Alcohol Level | 1st Offense | 2nd Offense | 3rd Offense |
|---|---|---|---|
| Refusal to submit to a blood, breath, or urine test | 12 month suspension (same for under 21) | 18 month suspension (misdemeanor) | 18 month suspension(misdemeanor) |
| Test results of .08 or higher | 6 months | 1 year | 1 year |
Impact of Subsequent Offenses
Once you are convicted of that first DUI, the penalties increase and the likelihood of having a case dismissed becomes less and less likely. For example, if you have previous DUIs on your record, the chance that you will be approved for a diversion program, which can lead to a dismissal of charges, disappears. Because having the first DUI offense on your record proves so problematic, a defense attorney will be entirely focused on preventing a DUI offense from indelibly making its way onto your criminal record.
Contacting a Lawyer
Our attorneys are dedicated to protecting your rights, beginning with shielding you from having that first offense on your record. As former prosecutors, the attorneys at Leifert & Leifert know the methods employed by the prosecutors; we know how they will go about prosecuting you because we used to work on the other side. With inside knowledge of both prosecutorial strategy and the local criminal justice system, we can mount a comprehensive, bold legal defense on your behalf.
If you have been arrested for DUI please reach out to us immediately. The few days following your arrest are the most critical—these are the days during which a defense attorney can begin to orchestrate a defense and lobby on your behalf; it is during these days that we can make an effort to secure your rights, such as the right to drive.
