Florida's DUI (driving under the influence) cases are characterized by their complexity and unique nuances, with specific allegations that can fluctuate extensively. Gaining a solid understanding of the laws regarding DUI in the state, as well as some intriguing yet lesser-known aspects of DUI cases, is crucial. Hence, we have prepared a list of six important insights that often astonish our clients when they learn about them during their encounters with DUI charges in Florida.
Should you find yourself entangled in DUI charges within Florida's borders, don't hesitate to reach out to Musca Law. We can elucidate the charges leveled against you and assist in creating a defensive strategy that safeguards your legal rights.
1. By possessing a driver’s license, you are automatically agreeing to undergo alcohol or drug testing under Florida law.
In accordance with Florida Statute § 316.1932, every individual operating a motor vehicle in Florida implicitly consents to undergo testing for alcohol and controlled substances. This involves a gamut of tests, such as blood, breath, and urine examinations. The law stipulates that acquiring a driver's license implies your agreement to be subjected to testing if you are legally stopped on suspicion of driving under the influence of drugs or alcohol on Florida roads. Interestingly, even without a license, the law asserts that when you become the focus of a legitimate DUI arrest, you have implicitly agreed to undergo testing for alcohol or drugs.
2. A refusal to comply with alcohol or drug testing results in the suspension of your driver’s license.
Section § 316.1932 also lays down that an automatic license suspension occurs if you decline an alcohol or drug test during a lawful DUI arrest. The duration of the suspension relies heavily on your previous records. If this is your initial instance of refusing a drug or alcohol test in Florida, expect your driver’s license to be suspended for a full year. However, if there is a prior record of your license being suspended due to a refusal to undergo a drug or alcohol test, and you reject a subsequent test, your license will be suspended for an 18-month period. Moreover, you may be slapped with misdemeanor charges for subsequent refusals.
3. It might take fewer alcoholic drinks than you think to be legally intoxicated.
The quantity of alcoholic beverages needed to hit a blood alcohol content (BAC) of .08 (which is Florida’s legal limit for alcohol) might catch you off guard. Despite not feeling or appearing impaired after consuming this amount, you could still be apprehended for DUI if a law enforcement officer harbors reasonable suspicion of your intoxication, and your BAC is verified to be above the legal limit upon testing.
To give you a better picture, consider that the average American man weighs just under 200 pounds. Although alcohol metabolism rates vary, a man of this weight could exceed a BAC of .08 after consuming four drinks (equivalent to four 12-ounce beers, four 5-ounce glasses of wine, or four 1.5-ounce servings of 80-proof liquor). For the average American woman, who weighs 170 pounds, reaching a BAC of .08 can occur after two or three drinks. Typically, a more extended duration between drinks reduces a person’s BAC.
4. A DUI charge is possible even when your vehicle is stationary.
While the term "driving under the influence" seems to imply that actual driving is a prerequisite for a charge, Florida law contradicts this assumption. In fact, your vehicle doesn't need to be in motion or even operational for you to be arrested and charged with DUI. The law mandates that you can face charges if you were influenced by drugs or alcohol while either operating a vehicle or being in "actual physical control" of one.
The meaning of "actual physical control" of a vehicle has been the subject of considerable debate among attorneys during DUI proceedings in Florida. It generally pertains to your capacity to operate the vehicle and the probability that you were recently doing so. Law enforcement officers, attorneys, and judges often consider the location of the keys, the position of the vehicle, and the vehicle's condition when deciding on actual physical control and DUI charges.
For instance, if an officer observes you asleep in the driver's seat with the car turned off and the keys in the ignition, it's likely that you'll be considered in actual physical control. Conversely, if you're found asleep in the back seat with the car turned off and the keys are nowhere near the car, it's unlikely that you'll be deemed to be in actual physical control.
5. A conviction for DUI does not necessarily equate to serving jail time.
While incarceration is indeed a possible consequence of a DUI case in Florida, it is not an obligatory one. For a first-time DUI conviction, judges in Florida frequently abstain from mandating jail time during sentencing. However, repeated convictions within a certain timeframe will result in a jail sentence. For instance, if someone is convicted of DUI with a previous conviction within the past five years, a minimum mandatory sentence of 10 days in jail is enforced. A conviction with two previous DUIs within a 10-year span requires a mandatory minimum of 30 days in jail. Although your defense lawyer will always strive to eliminate the possibility of jail time during the negotiation process, this task becomes increasingly challenging with each additional conviction.
6. Avoiding DUI charges in Florida is straightforward.
By consistently ensuring you have a sober ride, you can effortlessly steer clear of DUI charges in Florida. Given that ride-sharing services are merely a few phone taps away, securing safe transportation while consuming alcohol has never been easier. If you're reluctant to use a ride-share or taxi service, consider appointing a designated driver at the outset of your event. This individual should abstain from consuming any alcohol throughout the entire outing.
If you're facing DUI charges in Florida, the seasoned DUI defense attorneys at Musca Law stand ready to assist. Get in touch with our office today to arrange a complimentary case review by calling (888) 484-5057.