Comprehensive Guide to DUI Charges and Defense in Gainesville, FL
Being charged with a DUI in Florida is a serious matter with potentially life-altering consequences. Whether it’s a first-time offense or a repeat violation, understanding your rights and the legal process is crucial. Here’s an in-depth look at what constitutes a DUI, the implications of different charges, and how an experienced attorney can support your defense.
What Constitutes a DUI in Florida?
Under Florida Statute § 316.1934, driving or controlling a vehicle is illegal if your normal faculties are impaired by alcohol or drugs, or if your BAC (Blood Alcohol Content) is 0.08% or higher. “Normal faculties” include abilities like seeing, hearing, and walking, and any impairment can result in a DUI charge.
For commercial drivers, the BAC limit is 0.04%, and for drivers under 21, it’s just 0.02%. Even slight impairment can lead to serious consequences, highlighting the importance of understanding Florida’s strict DUI laws.
Blood Alcohol Content (BAC) is a measure of alcohol in the blood as a percentage. It is calculated in grams per 100 mL of blood, so a BAC of 0.08 means your blood is 0.08% alcohol by volume. Using a breathalyzer, BAC is measured as grams per 210 Liters of breath (since the ratio of breath alcohol to blood alcohol is 2,100:1).
How Different BAC Levels Affect You
| BAC | Effects Experienced |
|---|---|
| .02-.04% | Lightheaded - A feeling of relaxation, warmth, and mild euphoria, often with slight impairment in judgment. |
| .05-.07% | Buzzed - Feelings of relaxation and euphoria, reduced inhibitions, and mild impairment in reasoning and memory, with exaggerated emotional responses. |
| .08-.10% | Legally impaired - Euphoria and fatigue with noticeable impairments in balance, speech, vision (especially peripheral), reaction time, and hearing. Judgment and self-control are significantly affected. |
| .11-.15% | Drunk - The initial "high" diminishes, and negative effects like anxiety and unease become more pronounced. There is severe impairment in motor skills, judgment, and perception. |
| .16-.19% | Very drunk - Experiencing intense feelings of depression, nausea, and dizziness, with severe disorientation. Motor skills are significantly impaired, vision is blurred, and judgment is further diminished. |
| .20-.24% | Dazed and confused - Severe disorientation regarding time and place, accompanied by increased nausea and vomiting. The person may require help to stand or walk, have a high tolerance to pain, and blackouts are likely. |
| .25-.30% | Stupor - Severe impairment of all mental, physical, and sensory abilities, with a high risk of accidents. The person has minimal comprehension and may suddenly lose consciousness. |
| .31% and up | Coma - Complete loss of consciousness with no response to stimuli, resembling surgical amnesia. There is a high risk of alcohol poisoning and potential respiratory arrest, which can be fatal in 50% of cases. |
Source: Information adapted from The University of Toledo.
How Police Spot Drunk Drivers
Law enforcement officers look for various signs of impaired driving, such as:
- Erratic Driving: Sudden stops, swerving, tailgating, or improper signaling.
- Physical Symptoms: Slurred speech, red eyes, unsteady movements, or the smell of alcohol.
Field Sobriety Tests and Your Rights
Field sobriety tests, including the “walk and turn” or “one-leg stand,” assess coordination and cognitive function. Unlike chemical tests, you are not required to take them. Refusing these tests won’t result in additional penalties but could still lead to an arrest based on suspicion.
Legal Implications of Chemical Testing
The consequences of a DUI conviction depend on several factors but may include:
- Fines: Ranging from several hundred to several thousand dollars.
- License Suspension: From six months for a first-time offense to permanent revocation for repeat offenders.
- Jail Time: Sentences vary based on the severity of the offense and prior convictions.
- Probation and Community Service: Including mandatory DUI classes and regular reporting to a probation officer.
- Vehicle Impoundment: Your vehicle may be impounded as part of your sentence.
Presumptions Based on BAC
In DUI cases, the results of chemical tests for blood or breath alcohol levels are used to establish whether a person was under the influence. These results lead to the following legal presumptions:
- BAC 0.05 or Less: It is presumed the driver was not impaired.
- BAC Between 0.05 and 0.08: There is no automatic presumption of impairment; other evidence may be considered.
- BAC 0.08 or Higher: This level is considered proof of impairment, and the person is presumed guilty of DUI.
Types of DUI Cases We Handle
We have extensive experience defending various DUI cases, including:
First-Time DUI Offenses:
Often treated as misdemeanors, but consequences can still be severe.
Multiple DUI Offenses:
Result in escalated penalties, including jail time and longer license suspensions.
DUI Involving Drugs:
Impairment by prescription or illegal drugs can lead to DUI charges.
Accidents and Serious Injury:
DUI cases involving accidents or injuries to others can result in felony charges.
Underage DUI:
Strict laws apply to drivers under 21, with lower BAC limits and serious penalties.
Florida DUI Penalty Chart
Florida law imposes varying penalties for first, second, third, and fourth DUI offenses, each with its own set of consequences. Understanding which penalties apply can be challenging due to the complexity of the legal distinctions between these offenses.
| Type of Offense | Fines | Jail Sentence | Probation | License Revocation | Vehicle Impoundment or Immobilization | Installation of Breath Alcohol Ignition Interlock Device | Other Penalties |
|---|---|---|---|---|---|---|---|
| First offense | $500 to $1,000 | One day to six months | Up to one year | 180 days to one year | 10 days | Not required | Community service for 50 hours or an additional fine of $10 for each hour of required community service Substance abuse counseling and treatment as required DUI school |
| First offense — minor in the vehicle or a blood alcohol level of 0.15 percent | $1,000 to $2,000 | One day to nine months | Up to one year | 180 days to one year | 10 days | Six months | Community service for 50 hours Substance abuse counseling and treatment as required DUI school |
| Second offense within five years | $1,000 to $2,000 | 10 days to nine months | Up to one year | At least five years | 30 days | One year minimum | Substance abuse counseling and treatment as required DUI school |
| Second offense within five years — with a minor in the vehicle or a blood alcohol level of 0.15 percent | $2,000 to $4,000 | 10 days to 12 months | Up to one year | At least five years | 30 days | One year minimum | Substance abuse counseling and treatment as required DUI school |
| Second offense outside of five years | $1,000 to $2,000 | One day to nine months | Up to one year | 180 days to one year | 10 days | One year minimum | Substance abuse counseling and treatment as required DUI school |
| Second offense outside of five years — with a minor in the vehicle or a blood alcohol level of 0.15 percent | $2,000 to $4,000 | One day to 12 months | Up to one year | 180 days to one year | 10 days | One year minimum | Substance abuse counseling and treatment as required DUI school |
| Third offense within 10 years of prior conviction | $1,000 to $5,000 | 30 days to 12 months | Up to one year | At least 10 years | 90 days | Two-year minimum | Substance abuse counseling and treatment as required DUI school |
| Third offense within 10 years of prior conviction — with a minor in the vehicle or a blood alcohol level of 0.15 percent | $4,000 to $5,000 | 30 days to 12 months | Up to one year | At least 10 years | 90 days | Two-year minimum | Substance abuse counseling and treatment as required DUI school |
| Fourth offense or greater | $2,000 to $5,000 | One day to five years | Up to five years | Permanent revocation | 90 days | Five-year minimum | Substance abuse counseling and treatment as required DUI school |
| Fourth offense or greater — with a minor in the vehicle or a blood alcohol level of 0.15 percent | $2,000 to $5,000 | One day to five years | Up to five years | Permanent revocation | 90 days | Five-year minimum | Substance abuse counseling and treatment as required DUI school |
Defense Strategies: How We Can Help
An experienced DUI attorney can challenge various aspects of your case, including:
- Legality of the Traffic Stop: If the stop was not justified, evidence may be dismissed.
- Validity of Test Results: We review testing procedures and equipment calibration to identify any flaws.
- Reduced Charges: In some cases, we can negotiate for lesser charges, such as reckless driving.
- Representation at Hearings and Trials: We advocate for your rights throughout the legal process.
Immediate Steps After a DUI Arrest
If arrested for DUI, contact a lawyer immediately. You have 10 days to request a hearing with the Florida Highway Safety and Motor Vehicles department to challenge your license suspension.
Don't wait. We take action.
Facing a DUI charge can be overwhelming, but you don’t have to face it alone. At Rush & Frisco Law, we provide skilled legal representation to help you navigate the complexities of DUI cases. Contact us today to discuss your situation and start building your defense strategy.
Rush & Frisco Criminal Defense Law Firm Gainesville, FL | 11 SE 2ND Ave | Gainesville, FL 32601 | Map | Tel: (352) 373-7566
