Any individual who is defined as being in actual physical control of their vehicle while they have a blood alcohol concentration (BAC) of .08% or more can be charged for DUI in Florida. It is important to note that even if your BAC is less then .08% but officers can tell you are intoxicated because you are unable to perform basic tasks or you are driving in a manner that shows you are not entirely in your senses, you can still be arrested for DUI.
If a police officer pulls you over on the suspicion of DUI, Florida follows the law of implied consent, so you must submit to a test to prove your BAC. If you refuse to comply with the officer, you can be further penalized, and your refusal can be used against you in court.
What penalties will I face if I am caught for DUI?
The charges you face after being arrested for DUI will vary depending on whether you were arrested before for the same offense and also depending on whether you caused any property damage or hurt any people during your state of intoxication. Generally, for a first-time offense, you will face up to 6 months in jail and fines of up to $1000. You can also have your license revoked for 180 days to a year and possibly be forced to install an Ignition Interlock Device in your vehicle for a fixed period.
If you are arrested for a second DUI offense in Fort Meyers, Florida you can face up to 9 months in prison, up to $2000 in fines, have your license revoked for up to a year and be compelled to install an Ignition Interlock Device in your vehicle for around 2 years.
A third DUI offense will be considered a felony and will result in you facing around a year of jail time, fines of up to $5000, and having your license revoked for a year as well as having to install an Ignition Interlock Device in your vehicle for 2 years.
Apart from these basic penalties, you will also have to face other penalties such as monthly-reporting and going through a substance abuse course. In some cases, the judge may also order that drug monitoring takes place.
A DUI lawyer in Fort Meyers, Florida can explain your options to you and inform you if you are eligible to have your penalties reduced. The penalties associated with DUI can be very severe, and you should make sure you take every legal avenue possible to decrease these penalties.
Every case is different and a DUI lawyer at the Robert Foley Law Firm can help you through the legalities after you have been arrested for DUI.
Reach us at:
2259 Cleveland Ave,
Fort Myers, FL 33901