Driving under the influence of drugs or alcohol can severely limit your ability to operate a motor vehicle safely and effectively. All states set a limit on the blood alcohol levels in your blood that make you legally unfit to drive. If you are caught, you could be subject to strict penalties and fines and even have your license taken away. If you are drunk and are not caught, you could end up causing an auto accident and be subject to a personal injury or a wrongful death lawsuit in addition to prison time. DUI laws make it unlawful to operate a vehicle if:
• Your ability to operate a vehicle safely is impaired by consumption of alcohol, illegal drugs, or prescription drugs.
• Your blood alcohol concentration (BAC) is higher than the established minimum for being intoxicated
If you are pulled over and suspected of being intoxicated, the level of impairment is determined by a police officer in one of two manners.
• Field sobriety test
• Chemical test
A field sobriety test attempts to assess your level of coordination by checking various motor skills. For example, you may be required to walk straight line, recite the alphabet backwards, or touch your nose with your eyes closed. These are difficult tasks if you have been drinking too much.
A chemical test may also be performed. A breathalyzer is used to check your BAC at the scene, or you often have the option to elect a blood draw done a local hospital.
Implied consent
In all states, an implied consent law requires you to submit to chemical testing for a DUI stop as a part of the privilege of driving. If you refuse to cooperate, the implied consent laws could lead to penalties such as suspension of your driver's license for six months to a year. Implied consent penalties are usually harsher than failing a DUI test. If you are later found guilty, the fact that you refused a test could be used to assess harsher penalties.
"Per se"
If your BAC is over the legal limit for the state in which you are stopped, you are considered "per se intoxicated" and no additional proof of impairment is necessary to charge you with DUI. The "per se" level in Florida is .08.
Zero tolerance
All states also include Zero Tolerance laws that apply to drivers under the legal drinking age. You can still be charged with DUI even if you are not found to be otherwise impaired or your BAC does not reach the set legal limit. The Zero Tolerance BAC level in the state of Florida is .02.
Other factors can be taken into account during a DUI case. If the officer testifies that your driving behavior was unsafe or erratic, it won't necessarily matter if you BAC registered under the state's legal limit for intoxication.
The penalties levied for DUI in the state of Florida include:
• Administrative License Suspension/Revocation – 6 months for the 1st offense, 1 year for the 2nd offense, and 2 years for the 3rd offense
• Mandatory alcohol education and treatment/assessment
• Possible vehicle confiscation possible
• Possible installation of an ignition interlock device
Remember though, in the United States you have rights. If you are charged with DUI, you are still innocent until proven guilty. If you need to, you can avail yourself of an experienced DUI attorney to help you ensure you get a fair trial.
Contact Lusk, Drasites, Tolisano & Smith for more information about DUI litigation in Florida.
