Drunk driving is the act of being in control of a motor vehicle while under the influence of alcohol in excess of the legal limit in the State of Florida. It is one hundred percent illegal for a driver who is 21 years old or above to drive with a blood alcohol concentration (BAC) of 0.08%.
If you consume more than one drink within 2 hours before you get behind the wheel, then you should consider waiting longer or getting a ride instead. In many cases, people are drunk before they even know it. Furthermore, people can increase the effects of alcohol by consuming carbonated beverages, caffeinated beverages, and medications.
At The Law Place, we have over seventy-five years of collective experience and knowledge in helping people to understand the laws surrounding drunk driving in the State of Florida. If you have questions, then you should call our office now. Our phone lines are open twenty-four hours a day, seven days a week so that you can get the answers that you need.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation.
What Is Driving Under the Influence (DUI)?
According to Florida Statute 316.193, a driver can get convicted of a DUI when:
- A driver was in control or traveling in a motor vehicle while under the influence of alcohol, controlled substances as listed in Chapter 893, or chemical substances as listed in Florida Statute 877.111.
- A driver’s blood alcohol content (BAC) level was 0.08 or more grams of alcohol per 100 milliliters of blood, or their breach alcohol content (BAC) was 0.08 grams of alcohol per 210 liters of breath.
Underage Drinking and Driving
The State of Florida has a zero-tolerance law for minors who are caught drinking and driving. If the minor has a breath alcohol content (BAC) level of 0.02, then they will face the following penalties:
- A driver who is under the age of 21 will get their license suspended for up to 6 months, while a second offense will result in their license getting suspended for up to 12 months.
- A driver will get their license suspended for up to 12 months in the event that they refuse to take a breath test, while a second or third offense will result in their license getting suspended for up to 18 months.
It is important to note that a license suspension takes immediate effect. However, a driver under the age of 16 who has not received their license means that the suspension period will take effect as soon as they obtain their license.
Furthermore, a driver will have no choice but to take a substance abuse course to lift their license suspension in the event that their breath or blood alcohol content (BAC) level was over 0.05. This means that their license will be suspended until they complete the course in the State of Florida.
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DUI Statistics
The United States has scarily high statistics for drunk driving accidents, with damages and deaths calculated at $44 billion. In the year 2018, drunk drivers caused 29% of all car accidents, and nearly 10,511 people were killed in drunk driving accidents. The National Highway Traffic Safety Administration (NHTSA) stated that 3,133 people were killed in car accidents, and 814 of them were caused by drunk drivers in the year 2018.
The Centers for Disease Control and Prevention and Mothers Against Drunk Driving (MADD) shared the drunk driving statistics in the United States:
- One million people were under arrest for driving under the influence of alcohol or drugs in the year 2016.
- 3 in 10 drivers who caused car accidents were aged between 34 and 35 in the year 2016.
- 25% of motorcyclists with a blood alcohol content (BAC) level of 0.08% or above were killed in car accidents in the year 2016. Additionally, motorcyclists aged between 35 and 39 are at the highest risk of traveling drunk.
- People who are guilty of impaired driving and causing a car accident are 4.5 times more likely to have been charged with driving while intoxicated (DWI) in the past.
- Drivers under the age of 21 were the cause of one in seven drunk driving accidents in the year 2008.
- The average drunk driver has been intoxicated on the road more than 80 times before getting charged with their first DUI.
- Two out of three people are at risk of a DUI accident during their lives.
- A DUI accident leads to 800 people suffering injuries every day.
- The main demographic of people who are guilty of drunk driving are usually between the ages of 26 and 29.
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DUI Penalties
Impaired driving can result in a number of different charges in the State of Florida. If you are convicted of a DUI, then you should know about the potential effects that it can have on your personal and professional life. The Law Place highly recommends that you seek legal counsel from a drunk driving accident lawyer as soon as possible. The most common penalties that you can face for a DUI can be found below.
From the initial call to updates on your case status, we are here to get you answers.
1st DUI Conviction
With a Blood Alcohol Content Under .15
- Spending up to 6 months in jail.
- Paying a fine between $500 and $1,000.
- Facing up to 12 months of probation.
- Facing a driver’s license suspension between 6 months to 1 year.
- Facing a motor vehicle impoundment/immobilization for up to 10 days.
- Completing a course at a DUI school and following the recommended treatment.
- Completing 50 hours of community service.
With a Blood Alcohol Content at .15 or Higher or With a Minor in the Vehicle
- All of the above, as well as the following.
- Spending up to 9 months in jail.
- Paying a fine between $1,000 and $2,000.
- Installing an ignition interlock device in your motor vehicle that will last between 6 months to 1 year.
2nd DUI Conviction
Within 5 Years of a Previous DUI Conviction (Blood Alcohol Content at .15 or Higher or a Minor in the Vehicle)
- Spending 10 days mandatory in jail, then facing between 9 months to 1 year.
- Facing up to 12 months of probation.
- Paying a fine between $2,000 and $4,000.
- Facing a driver’s license suspension for up to 5 years.
- Installing an ignition interlock device in your motor vehicle that will last between 1 to 2 years.
- Facing a motor vehicle impoundment/immobilization for up to 30 days.
- Completing a course at a DUI school and following the recommended treatment.
- Completing 50 hours of community service.
More Than 5 Years After a Previous DUI Conviction (Blood Alcohol Content at .15 or Higher or a Minor in the Vehicle)
- Spending between 9 months to 1 year in jail.
- Facing up to 12 months of probation.
- Paying a fine between $1,000 and $4,000.
- Facing a driver’s license suspension between 6 months to 1 year.
- Installing an ignition interlock device in your motor vehicle that will last between 1 to 2 years.
- Facing a motor vehicle impoundment/immobilization for up to 30 days.
- Completing a course at a DUI school and following the recommended treatment.
- Completing 50 hours of community service.
Contact The Law Place Today
If you have questions about drunk driving, then you should get in touch with a drunk driving accident lawyer in the State of Florida. It is important that you understand your legal rights and the potential consequences of a drunk driving accident.
At The Law Place, we have over seventy-five years of combined experience when it comes to helping people involved in drunk driving accidents throughout the State of Florida. Our law firm has an in-depth understanding of the laws surrounding drunk driving, and we can guide you through the legal system with efficiency.
If you want to speak to a drunk driving accident lawyer with skill and expertise, then you should call our office today. Our phone lines are available twenty-four hours a day, seven days a week.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation.
