Understanding Florida DUI laws and penalties may make you reconsider driving under the influence. DUIs in Florida can be costly and result in lengthy jail time. Don’t fret if the laws seem confusing.
This guide to Florida DUI laws will explain the regulations and circumstances that can exacerbate an already poor choice.
What is DUI or Drunk Driving?
DUI stands for “driving while intoxicated,” while DUI is short for “driving under the influence.” The phrase “Drunk Driving,” commonly used to describe driving under the influence, is misleading. While everyone who drives drunk is DUI, you don’t have to be drunk to be under the influence.
What Does “In Actual Physical Control of a Vehicle” Mean?
“In actual physical control” refers to having the ability and power to direct, regulate, or dominate the vehicle. This applies whether the person was actively using this power at the time of the offense. So, if someone is seated behind the wheel with the keys in the ignition, they can be seen as “in actual control,” even if the vehicle isn’t moving.
Are You Presumed Guilty of If You Have a Blood Alcohol Level of 0.08%?
It’s unconstitutional to presume guilt in any criminal case. Our constitution demands that the government proves its case beyond all reasonable doubt. However, if a defendant has 0.08% or more alcohol in their blood by weight, it’s considered prima facie evidence that they were under the influence.
Is It Also Unlawful to Drive with a Blood Alcohol Level of 0.08% or Higher?
Yes. Driving with a blood alcohol content of 0.08 or more is illegal.
May I Refuse to Take a Breath, Blood or Urine Test If Requested to Submit to One by a Law Enforcement Officer?
If you’re lawfully arrested and charged with a crime allegedly committed under the influence or while driving intoxicated with chemical or controlled substances, by accepting the privilege of operating a vehicle in this state, you agree to undergo a chemical or physical breath test to determine your blood alcohol content. You also agree to a urine test to detect drugs. However, you can refuse these tests unless there’s been an accident resulting in serious bodily harm or death. Refusing tests has consequences. The Department of Highway Safety and Motor Vehicles can suspend your driving privileges for one year for the first refusal and 18 months for a second refusal. Your refusal to submit to these tests can be used as evidence against you in criminal proceedings. If you’ve refused these tests in the past, refusing again is considered a misdemeanor.
This post was written by a professional at Ticket Shield. Ticket Shield understands that life can sometimes throw unexpected challenges your way. That’s why Ticket Shield is here to help you navigate through legal roadblocks when you need it most. Their team of experienced lawyers specializes in a range of traffic-related legal matters, ensuring you have the best defense possible. Types of teams available:
- Traffic Ticket Lawyer
- DUI Lawyer
- Speeding Ticket Lawyer
- Reckless Driving Lawyer
- Suspended License Lawyer
- Red Light Ticket Lawyer
- Stop Sign Ticket Lawyer
- Seat Belt Ticket Lawyer
Don’t let traffic tickets or driving-related charges weigh you down. Contact our Traffic Ticket Attorney in Chipley, FL today for a free consultation, and let Ticket Shield be your shield in the legal arena. Your peace of mind is their priority!
