Frequently Asked Questions — Driving Under the Influence
Answered by a Trusted Dade City Criminal Defense & DUI Attorney
There are thousands of driving under the influence (DUI) arrests and convictions in Florida every year. Many cases involve the
most-responsible of drivers who have made one critical mistake, and others
involve someone who is completely sober being arrested due to a misunderstanding
or an officer’s poor decision. With this in mind, it is entirely
possible for anyone, even yourself, to find themselves being put under
arrest for drunk driving.
In order to help you understand the charges, and know what to do about
a DUI arrest, our Dade City DUI law firm has created a helpful list of
DUI FAQs. If you review the questions and still have some of your own,
or you know you need a criminal defense attorney as soon as possible,
feel free to contact our firm, Thurow Law, online or pick up the phone and call
DUI FAQ – Your Questions are Answered
What is the legal limit in Florida?
The average driver in Florida is considered illegally intoxicated behind
the wheel if they have a blood alcohol content (BAC) level of 0.08% or
greater. For minors, the limit is just 0.02% and commercial drivers are
limited to 0.04%.
Can I be arrested if I am under the BAC limit?
Yes. A highway patrol officer is permitted to use their own discretion
when arresting someone for a DUI. Basically, they only need to believe
you are impaired behind the wheel by alcohol or drugs in your system,
regardless of how much that amount is in actuality.
Can I go to jail for a first-time DUI?
Yes. In Florida, it is common for courts to use a 6 to 9 month incarceration
as part of sentencing for first-time DUI offenders. To avoid or minimize
jail time, it is encouraged that you work with a criminal defense attorney
for your case.
Is it true that I can fight my driver’s license suspension?
If you are arrested for a DUI, it is likely that your driver’s license
will be automatically suspended,
if you do nothing to stop it. You have
10 days following your arrest to request an administrative hearing with the Department
of Motor Vehicles (DMV) to challenge this debilitating suspension.
What does an IID do?
Florida will require DUI convicts to have an ignition interlock device
(IID) on any vehicle they operate once they have their license back. An
IID measures a person’s breath before allowing the startup of the
vehicle’s engine; any number above the legal limit will prevent
the engine from being started, and it may even notify the police. Additionally,
the state taxes anyone with an IID in their vehicle, costing them a varying
amount each month.