Protecting Your Rights and Building a Strong Defense Against DUI Charges in Florida
If you're pulled over in Florida on suspicion of driving under the influence (DUI), the situation can feel overwhelming. Knowing what to do and what not to do in these moments is critical. Let’s walk through the steps you should take during a DUI stop, the potential consequences of a DUI charge, the defenses available under Florida law, and the importance of working with an experienced private attorney.
Defining DUI Under Florida Law
Under Florida Statutes § 316.193, driving under the influence occurs when a person operates a motor vehicle while their normal faculties are impaired due to alcohol, drugs, or a combination of both. Alternatively, you can be charged if your blood alcohol concentration (BAC) is 0.08% or higher. DUI is a serious crime that carries severe penalties, even for first-time offenders.
The Steps to Take During a DUI Stop
Remain Calm and Polite
When you’re pulled over, keep calm and be respectful toward the officer. Your behavior during the stop can impact how the situation unfolds. Avoid making sudden movements, and have your license, registration, and proof of insurance ready to hand over.
Exercise Your Right to Remain Silent
While you must provide basic information like your name and identification, you are not required to answer incriminating questions, such as “How much have you had to drink?” Politely state that you wish to remain silent and request an attorney if questioned further.
Field Sobriety Tests
You are not legally required to participate in field sobriety tests in Florida. These tests are highly subjective and often unreliable. Declining to perform them may limit the evidence the officer can use against you.
Chemical Tests
Under Florida’s Implied Consent Law (Florida Statutes § 316.1932), refusing a breath, blood, or urine test after an arrest can lead to an automatic license suspension. However, refusal may limit the evidence prosecutors can use to prove your impairment.
Penalties for a DUI Conviction in Florida
The penalties for a DUI conviction depend on factors like your BAC level, whether this is a first offense, and whether the incident involved an accident, injury, or property damage.
First-Time Offense
- Fines: $500 to $1,000
- Jail Time: Up to 6 months
- License Suspension: Minimum of 6 months
- Probation: Up to 1 year
- Community Service: 50 hours
Aggravating Factors
- BAC of 0.15% or Higher: Enhanced penalties, including higher fines and longer jail sentences
- Second or Subsequent Offense: Increased fines, longer license suspension, and mandatory ignition interlock devices
- DUI Manslaughter: Up to 15 years in prison and a $10,000 fine under Florida Statutes § 316.193(3)
Best Defenses Against a DUI Allegation
A strong defense can make a significant difference in the outcome of your case. Here are some common defenses to DUI charges in Florida:
Lack of Probable Cause
Law enforcement must have a valid reason to pull you over, such as erratic driving or a traffic violation. If there was no probable cause for the stop, the case may be dismissed.
Improperly Administered Field Sobriety Tests
Field sobriety tests must be administered according to strict protocols. If the officer failed to follow proper procedures, the results may be inadmissible.
Faulty Breathalyzer Results
Breathalyzers are not infallible. Calibration errors, improper maintenance, or operator error can produce inaccurate results.
Medical Conditions or Medications
Certain medical conditions, like diabetes or acid reflux, can mimic signs of impairment or affect BAC readings. Similarly, prescription medications may cause side effects that resemble intoxication.
Violation of Your Rights
If the officer failed to inform you of your rights or conducted an unlawful search or seizure, the evidence against you may be suppressed.
The Value of Retaining a Private Attorney
While some individuals choose to handle DUI charges on their own or rely on a public defender, hiring a private attorney can provide significant advantages. Here’s why:
Personalized Attention
A private attorney has the time and resources to thoroughly analyze your case, identify weaknesses in the prosecution’s arguments, and build a tailored defense strategy.
In-Depth Knowledge of DUI Laws
Florida’s DUI laws are complex, and a private attorney understands how to leverage these laws in your favor. For example, they can challenge the validity of the traffic stop, field sobriety tests, and breathalyzer results.
Access to Expert Witnesses
Private attorneys often work with toxicologists, accident reconstruction specialists, and other experts who can provide critical testimony in your defense.
Protection of Your Record
A skilled attorney can help minimize the impact of a DUI charge on your criminal record, employment prospects, and personal life. They can explore alternatives like plea deals, reduced charges, or diversion programs.
Federal Implications of a DUI Charge
While DUIs are typically prosecuted under state law, certain circumstances can bring federal laws into play. For example, if the incident occurred on federal property, such as a military base or national park, federal authorities may prosecute the case. Federal DUI charges often carry harsher penalties, making it even more critical to have experienced legal representation.
Florida DUI Stop FAQs
What should I do if I’m pulled over for suspected DUI in Florida?
When pulled over, stay calm, provide basic information, and avoid answering incriminating questions. You have the right to remain silent and should request an attorney if questioned further. You are not required to perform field sobriety tests, but declining a chemical test after arrest may result in license suspension.
What happens if I refuse a breathalyzer test in Florida?
Refusing a breathalyzer test can lead to an automatic license suspension under Florida’s Implied Consent Law. For a first refusal, the suspension is typically 12 months. Refusal can also be used as evidence against you in court, although it limits the prosecution’s ability to establish your BAC.
Can I fight a DUI charge if I failed the breath test?
Yes. Breath tests are not always accurate and can be challenged on grounds like improper calibration, operator error, or interference from medical conditions. An experienced attorney can review the specifics of your case to determine the best defense strategy.
Do I need a lawyer for a first-time DUI in Florida?
While you are not required to hire a lawyer, doing so is highly recommended. A lawyer can identify weaknesses in the prosecution’s case, negotiate reduced penalties, and help protect your criminal record.
Can I be charged with DUI if I wasn’t driving the car?
Yes, under Florida law, you can be charged with DUI if you are in actual physical control of the vehicle, even if it isn’t moving. This includes situations where the car is parked but the keys are in your possession.
What are the long-term consequences of a DUI conviction in Florida?
A DUI conviction can have lasting effects, including increased insurance premiums, difficulty obtaining employment, and potential loss of professional licenses. It also remains on your driving record for 75 years in Florida.
How does a private attorney help with DUI charges?
A private attorney can analyze the evidence against you, challenge the legality of the traffic stop and field sobriety tests, and negotiate with prosecutors to reduce or dismiss charges. They provide personalized attention and work to protect your rights and future.
How does Florida define “actual physical control” of a vehicle?
Florida defines actual physical control as having the ability to operate the vehicle, even if it is not moving. For example, sitting in the driver’s seat with the keys in the ignition or within reach can qualify as actual physical control.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.