Florida Drunk Driving: The Basics

How does Florida define driving while under the influence (DUI)? To answer that question, we asked William D. Umansky, a Florida attorney with over 15 years of experience whose practice focuses in the areas of personal injury and criminal defense. Here's what he told us:

DUI in Florida is basically driving under the influence of an alcoholic beverage, a chemical substance or a controlled substance. DUI can be proven in one of two ways - by impairment of normal faculties (a person's ability to walk, talk, drive a car, make judgments, etc.) or by unlawful blood alcohol or a breath alcohol level of .08 or above. Technically, you could be sober and your normal faculties could be fine, but blow over the legal limit and you'll still be guilty of a DUI. The penalties upon a conviction can be different depending on what the blood levels are, what the breath levels are and whether children were in the vehicle.

Recent changes in Florida's DUI laws

There have been some recent changes in Florida's DUI laws concerning enhanced penalties and an increase in fines. Umansky explained:

• Enhanced penalties. Florida has an enhanced penalty policy for when someone is considerably over the legal limit and that policy recently changed. In 2008, the Florida legislature lowered the enhanced rate from a .20 to a .15. Now you face enhanced penalties if you blow over a .15 or if you have a minor in a car.
• Increased fines. All kinds of fines and penalties have gone up. For instance, on a first conviction for DUI, it used to be a $250 fine to a maximum $500 fine. Now it's a $500 fine to a maximum $1,000 fine. This is the fine if it is not even enhanced!! The fine on a second conviction used to be $500, now it is $1,000 to $2,000. Fines are again increased if you blow over .15 and fines are even more for a third and fourth DUI.

If you have a DUI issue, contact an experienced Florida DUI attorney to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential.