In the state of Florida and across the nation it is against the law to operate a motor vehicle with a blood alcohol concentration level of 0.08% or greater. For commercial drivers the threshold is set at 0.04% and even lower for underage drivers at just 0.02%, which means an underage driver can be arrested and convicted of DUI after just one alcoholic drink.
Under DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances) Section 316.193, F.S., DUI is a criminal offense that is proved by impairment of one's normal faculties or the blood alcohol or breath alcohol level of .08% or more. The penalties for a DUI conviction are the same, regardless of how the prosecution proves the offense was committed.
Under Schedule s. 316.193(2)(a)-(b), F.S., the penalties for a first DUI conviction in the state of Florida are as follows:
Imprisonment with a first conviction is at the court's discretion; however, sentencing terms may be served in a residential alcoholism or drug abuse program with credit going towards imprisonment.
With a first conviction, imprisonment is not to exceed 6 months unless the driver had a BAL of 0.15% or higher, or if there was a minor in the vehicle, imprisonment cannot exceed nine months.
In cases where the driver's family does have another vehicle for transportation, the driver's vehicle can be impounded for 10 days upon a first conviction, and impoundment or vehicle immobilization cannot be concurrent with incarceration.
In order for someone that has been arrested for DUI to be released, they must no longer be under the influence of alcohol, their normal faculties can no longer be impaired, their blood/breath alcohol level must be less than .05%, and eight hours must have elapsed from the time they were arrested.
Under Section 316.193 of the Florida Statutes, certain DUI offenders are required to install an ignition interlock device. With a first conviction, a person will be required to install an ignition interlock device if the court orders it. If the driver had a BAL of 0.15% or above, or if there was a minor in their vehicle, they will be required to install an IID for a period of at least 6 months. The Florida ignition interlock program affects those that have been arrested for DUI and upon eligibility for reinstatement of either a permanent or a restricted driver's license. The IID is also a requirement for those that apply for a restricted driver's license for work or business purposes. Currently, the costs associated with an ignition interlock device include:
If you or someone you love has been arrested for DUI in the Fort Myers area, you are urged to contact an attorney from Calvo & Calvo right away. There are many negative consequences upon a conviction, not to mention the sky high insurance rate hikes that are extremely costly.
Our firm has had incredible success with DUI cases and in many cases we can get our client's charges drastically reduced or dropped entirely depending on the facts surrounding the case. Don't give up the fight as many people do. Hiring our firm may make all the difference in the outcome of your case and we are here to fight for your license and to keep your criminal record clean. Schedule a case evaluation today.