Best DUI & DWI Lawyers in Florida

About DUI & DWI Law in Florida, United States

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious criminal offenses in Florida. These terms refer to operating a vehicle while one's normal faculties are impaired, or while having a blood alcohol content (BAC) of 0.08 percent or higher. Florida enforces strict laws against impaired driving in an effort to keep roadways safe. Consequences for DUI or DWI can include fines, license suspension, jail time, installation of ignition interlock devices, and more. Understanding your rights and the legal process is crucial if you are charged with DUI or DWI in Florida.

Why You May Need a Lawyer

A DUI or DWI charge in Florida is not a minor issue and can have a long-lasting impact on your personal and professional life. Legal representation is important if you find yourself in any of the following situations:

• You have been arrested for DUI or DWI in Florida.
• You refused chemical testing like breath, blood, or urine tests.
• This is not your first DUI or DWI offense.
• There was an accident, injury, or property damage associated with your case.
• You have a commercial driver's license or rely on driving for work.
• You are concerned about protecting your criminal record or driving privileges.
• You want to challenge the evidence, testing procedures, or arrest protocols.

A qualified attorney can review the specifics of your case, negotiate with prosecutors, potentially reduce charges or penalties, and guide you through court processes.

Local Laws Overview

Florida's DUI and DWI laws are detailed and rigorously enforced. Key aspects include:

• Blood Alcohol Content (BAC) Limits: For drivers 21 and over, the legal limit is 0.08 percent. For commercial drivers, it is 0.04 percent. For drivers under 21, any BAC of 0.02 percent or more can result in penalties.
• Implied Consent Law: By driving in Florida, you automatically consent to chemical testing if suspected of DUI. Refusal can result in an automatic license suspension.
• Penalties: Penalties escalate with subsequent offenses and aggravating factors. They include fines, jail time, community service, mandatory DUI school, probation, and vehicle impoundment.
• Aggravated DUI: Higher penalties apply if your BAC is 0.15 percent or higher, minors are present, or an accident causes injury or death.
• License Suspension: Administrative suspension can occur immediately after arrest, separate from any criminal penalties.
• Ignition Interlock: Convicted drivers may have to install a device that prevents starting the car with alcohol on their breath.

Understanding the local laws and procedures is critical for mounting an effective defense.

Frequently Asked Questions

What is the difference between DUI and DWI in Florida?

In Florida, DUI is the official term used in statutes. DWI is often used interchangeably in conversation but legally, DUI is the accurate charge for impaired driving.

What happens when you are arrested for DUI in Florida?

You may be taken into custody, your license may be confiscated, and you may be issued a 10 day temporary driving permit. You will receive a court date and may face both administrative and criminal proceedings.

What is the legal limit for blood alcohol content?

For drivers age 21 and over, the BAC limit is 0.08 percent. Lower limits apply for underage drivers and commercial drivers.

Do I have to submit to a breathalyzer test?

Under Florida's implied consent law, refusal to submit to a breath, blood, or urine test results in automatic license suspension and may be used as evidence against you.

Are there mandatory penalties for a first-time DUI offense?

Yes. A first-time conviction typically includes fines, community service, probation, possible jail time, license suspension, and mandatory DUI school.

Can I get a DUI for prescription or illegal drugs?

Yes. Driving while impaired by prescription medication, illegal drugs, or controlled substances qualifies as DUI under Florida law.

How long does a DUI stay on my record in Florida?

A DUI conviction is a permanent part of your criminal record in Florida and cannot be expunged or sealed.

What is an ignition interlock device?

It is a breathalyzer installed in your vehicle. You must blow into the device to prove sobriety before the vehicle will start. Courts often require this after a DUI conviction.

Can I drive after a DUI arrest?

You may receive a 10 day temporary driving permit. To challenge a license suspension, request a hearing within 10 days of arrest. Otherwise, your driving privileges will be suspended.

Should I get a lawyer if I am charged with DUI?

It is highly recommended to consult a lawyer. DUI laws are complex, and legal representation can help reduce penalties, protect your rights, and possibly avoid conviction.

Additional Resources

If you need further information or assistance regarding DUI or DWI in Florida, consider these resources:

• Florida Department of Highway Safety and Motor Vehicles (DHSMV)
• Florida Bar Association Lawyer Referral Service
• Florida Department of Law Enforcement
• Local Legal Aid Societies
• National Highway Traffic Safety Administration (NHTSA)
• Mothers Against Drunk Driving (MADD) - Florida Chapter

Next Steps

If you have been arrested or charged with DUI or DWI in Florida, take these important steps immediately:

1. Do not discuss your case with anyone except a qualified attorney.
2. Gather all documents and evidence related to your arrest and charges.
3. Act quickly: You only have 10 days to request a hearing to contest license suspension.
4. Contact a local attorney with experience in Florida DUI and DWI law. Many offer free consultations.
5. Follow your lawyer's guidance closely to prepare your defense and understand your rights.

Taking prompt action and seeking the help of a knowledgeable legal professional will increase your chances of achieving the best possible outcome in your case.