Tampa DUI FAQs

Commonly Asked Questions about Florida DUIs

Insights from Florida DUI Legal Experts at Musca Law

The Tampa DUI lawyers at Musca Law are experts at guiding clients through a myriad of cases and criminal accusations. We commit ourselves to securing the most favorable outcomes for our clients in every case, dedicating extensive hours, research, and resources to represent our clients adeptly and effectively. Our firm's success record is a testament to our comprehensive approach and assertive representation.

Should you have any additional queries about DUI charges that are not adequately addressed here, feel free to reach out to our firm at (888) 484-5057. We are at your service 24/7 to handle your queries.

About Florida DUI Law

DUIs, or driving under the influence, are treated with utmost seriousness in Florida, given the severe consequences they can have on public safety. When a person is charged with a DUI, they're being accused of operating a motor vehicle while their normal faculties are impaired due to alcohol or controlled substances. The complexity of DUI laws and the associated penalties warrant a detailed understanding for both the accused and those seeking general knowledge.

A fundamental aspect of Florida's DUI law is the per se law, which states that any person who has a blood alcohol concentration (BAC) of 0.08% or higher is considered intoxicated in the eyes of the law, regardless of their physical or mental condition. For drivers under 21, the zero-tolerance policy applies, setting the BAC limit at just 0.02%. Commercial drivers have a slightly higher limit of 0.04%.

The penalties for DUI offenses in Florida vary based on the specific circumstances surrounding the incident, the individual's BAC level, and whether the person has had previous DUI convictions. For a first-time DUI conviction, the offender could face penalties including a fine ranging from $500 to $2,000, imprisonment for up to 6 months, license revocation for a minimum of 180 days, mandatory 50 hours of community service, and completion of a DUI program.

However, if the offender had a minor in the vehicle, a BAC of 0.15% or higher, or caused property damage or personal injury to another, the penalties increase significantly. The fine could reach up to $4,000, and imprisonment could extend up to 9 months for the first conviction.

Subsequent DUI convictions within specific timeframes escalate the severity of penalties. A second DUI conviction within five years of the first leads to a mandatory minimum of 10 days in jail, with the possibility of a fine up to $4,000, and license revocation for a minimum of 5 years. A third conviction within ten years of the second is considered a third-degree felony and results in a mandatory minimum of 30 days in jail, fines up to $5,000, and license revocation for a minimum of 10 years.

When a DUI offense leads to serious bodily injury to another person, it's considered a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine. If the offense is fatal, the charge elevates to DUI manslaughter, a second-degree felony, carrying penalties of up to 15 years in prison and a fine up to $10,000. If the offender flees the scene, it becomes a first-degree felony, with penalties up to 30 years in prison.

Beyond these immediate legal consequences, a DUI conviction in Florida also brings long-term repercussions. These can include a significant increase in insurance premiums, loss of employment opportunities, potential harm to one's reputation, and in some cases, mandatory installation of an Ignition Interlock Device (IID).

Despite the grim outlook, it's important to remember that being charged with a DUI doesn't automatically equate to a conviction. Everyone has the right to defend themselves in court, and a skilled DUI attorney can help challenge the prosecution's case. An experienced attorney can examine the legality of the traffic stop, the administration and accuracy of field sobriety and breathalyzer tests, and other evidence to potentially reduce the charge, lessen the penalties, or even get the case dismissed.

Florida's DUI laws are stringent, and the penalties for offenses are severe. The aim is not only to punish but also to deter individuals from driving under the influence, thereby ensuring public safety on Florida's roads. Education and awareness about these laws and the associated consequences are crucial to achieving this goal.

Can I apply for a hardship license if my driver's license was suspended due to DUI?

The eligibility and timeline for applying for a hardship license depend on the specific details of your DUI charges. A hardship license permits you to drive for work, school, and essential household activities. To determine your eligibility and the appropriate time to apply, it's crucial to consult with an attorney. The criteria for applying for a restricted license can significantly differ from case to case.

What are the consequences of a first DUI offense?

A first-time DUI conviction can lead to a driver's license revocation ranging from 180 days to 1 year. You might also be subject to a fine of up to $2,000, 50 hours of community service, probation for up to 1 year, and a maximum of 9 months in jail. The specific penalties can vary across jurisdictions and depend on your precise blood alcohol concentration and other specifics of your case.

Is it mandatory to schedule a hearing with the DHSMV?

Indeed. Post a Florida DUI arrest, you have a window of just 10 days to reach out to the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to arrange your DMV hearing. This administrative hearing pertains to the suspension/revocation of your driver's license. A defense attorney can schedule this hearing on your behalf and represent you to facilitate the most favorable outcome. Learn more about the DMV points system.

What is the legal blood alcohol concentration (BAC) limit in Florida?

The legal BAC limit for drivers in Florida is 0.08%. However, if you are under the age of 21, the legal limit is lower at 0.02%.

What happens if I am arrested for DUI in Florida?

If you are arrested for DUI in Florida, you may face criminal charges and penalties. This can include fines, jail time, license suspension, and mandatory installation of an ignition interlock device.

Can I refuse a breathalyzer test in Florida?

Yes, you can refuse a breathalyzer test in Florida, but there may be consequences. Refusing a breathalyzer test can result in an automatic license suspension, and it may also be used against you in court.

Do I need a lawyer if I am charged with DUI in Florida?

It is highly recommended that you hire a lawyer if you are charged with DUI in Florida. A lawyer can help you understand your rights, navigate the legal process, and potentially reduce the charges or penalties you face.

How long will a DUI stay on my record in Florida?

A DUI conviction will stay on your driving record in Florida for 75 years. This can impact your ability to get a job, insurance rates, and more.

Can I expunge a DUI from my record in Florida?

No, you cannot expunge a DUI conviction from your record in Florida. However, you may be able to seal your record if you meet certain criteria.

Can I still drive after a DUI in Florida?

It depends on the specifics of your case. If your license is suspended, you may be eligible for a restricted license that allows you to drive to and from work or school. If you are required to install an ignition interlock device, you can still drive as long as you use the device and meet other requirements.

Can I travel to other countries if I have a DUI conviction in Florida?

Some countries may deny entry to individuals with a DUI conviction, so it is important to check the entry requirements of any country you plan to visit.

What kinds of cases does your firm take on?

Musca Law extends its services to a wide range of drivers involved in various DUI cases, including underage drinking, multiple DUI offenses, commercial DUI, DUI with injury, felony DUI, DUI appeals, and more. Our defense attorneys handle cases across the entire state of Florida.

When is the right time to engage an attorney?

We advise seeking an attorney's assistance at the earliest. You will need to arrange your DMV hearing, possibly secure your release from jail, and confront criminal court proceedings. Having a seasoned attorney by your side ensures that your rights are thoroughly protected. Without legal representation, your rights may be compromised, and you could lose your DUI case even when justice should have been on your side.

How do felonies and misdemeanors differ?

Felonies and misdemeanors are distinguished based on the potential penalties associated with the respective criminal offenses. A misdemeanor is an offense punishable by up to 1 year in a county correctional facility, whereas a felony is an offense punishable by death or imprisonment in a state penitentiary (state correctional facility) for a minimum of 1 year. Some crimes could be charged as either a felony or a misdemeanor, depending on the case's circumstances, and these are known as "wobblers."

Are juvenile crimes treated differently than adult crimes?

Indeed. The Florida juvenile court system follows a unique set of rules and procedures, with different penalties applicable to juveniles than adults. Therefore, a defense attorney must have specific knowledge and experience with the juvenile court system and juvenile crimes to represent a minor facing criminal charges effectively.

Fight for Your Future with a Tampa DUI Attorney from Musca Law!

Get your case started by calling us at (888) 484-5057 today!
The legal processes involved in DUI charges and convictions have high stakes involved. If you live in the State of Florida, hire an attorney from Musca Law to represent you in an administrative hearing or when going to court. Begin your fight today by calling our firm! We're available 24/7.