A charge of driving under the influence of alcohol or drugs (also commonly referred to as drunk driving, driving while intoxicated or DWI) can be brought upon even the most responsible drivers who never expected they would be stopped by a police officer and face a DUI investigation. However, driving under the influence or driving while intoxicated is a serious charge in Florida that carries major penalties. In Florida, a person may be convicted of the crime of DUI if it can be proven beyond a reasonable doubt that he or she either:

1. was driving while his or her faculties were impaired due to the influence of alcohol or drugs or
   
   
2. was driving a motor vehicle with a blood alcohol concentration (BAC) of 0.8% or higher.

A police officer’s DUI suspicion and investigation usually begin when he or she sees a person driving improperly and/or notices certain key factors about the person’s condition. For instance, when a police officer observes a person swerving within or in between lanes on the road, this may raise suspicion and prompt the officer to pull the person over and investigate him or her for DUI. Making wide or sharp turns, driving too slowly or fast, stopping in the road, causing an accident or nearly causing an accident are other indications that a person may be driving under the influence of alcohol or drugs.

Once a police officer comes into contact with a person he or she suspects is driving under the influence of alcohol or drugs, the officer may look for the following characteristics of that person:

1. an odor of alcohol coming from the person
2. slurred speech
3. bloodshot eyes
4. the inability to follow simple commands or answer simple questions
5. swaying or being unstable on his or he feet
6. evidence of alcohol or drug use on the person or in the vehicle, such as empty cans or drug paraphernalia

Additionally, a police officer will often ask a person he or she suspects is driving under the influence of alcohol or drugs if he or she has had any alcohol to drink or has used drugs. The person should understand that he or she does not have to answer that question and anything he or she says could and likely will be used against him or her to bring charges and once charges are brought in court.

If the officer has conducted the initial investigation and has reason to believe the person was driving under the influence of alcohol or drugs, he or she can then request the driver take a breath test (Intoxilyzer), submit to a blood test to determine his or her Blood Alcohol Concentration (BAC) or submit to a urine test. Again, the driver is not obligated to take these tests and may refuse. However, a refusal to take any of these tests can be used against him or her to bring DUI charges and if and when DUI charges are brought in court. Also, if the driver refuses to take the requested breath, blood or urine test, his or her driver’s license will be suspended

The sentences for DUI are severe. They are listed below (note if your BAC is 0.15 or higher, the penalties increase):

First DUI Offense
Fine: $500 - $1,000
License Suspension: 6 months - 1 year
Imprisonment: day of arrest - 6 months
Vehicle Impoundment: Approximately 10 days
Probation: 6 months - 1 year

Second DUI Offense
Fine: $1,000 - $2,000
License Suspension: 6 months - 1 year, or 5 years if w/in 5 years of prior DUI
Imprisonment: 10 days - 9 months
Vehicle Impoundment: Approximately 30 days
Probation: 1 year
Ignition Device: Approximately 1 year

Third DUI Offense
Fine: $2,000 - $5,000
License Suspension: 6 months - 1 year
Imprisonment: 30 days - 5 years
Vehicle Impoundment: Approximately 90 days
Probation: 0 - 5 years
Ignition Device: Approximately 2 years

Another important consideration is that when a person is arrested for DUI, he or she will likely lose his or her driver’s license. Then, he or she only has ten (10) days from the date of the arrest to request a hearing from the Department of Motor Vehicles (DMV) to avoid having his or her license suspended for the statutory period.

If you have been arrested for DUI, it is very important to contact a law firm whose lawyers are experienced in dealing with DUI cases. In order to fight the suspension of your driver’s license, you must make sure you request a hearing with the DMV within 10 days of your DUI arrest. Therefore, after a DUI arrest, the best course of action is to contact a lawyer immediately so that efforts can be made to restore your driving privileges and the circumstances of your DUI arrest can be fully investigated as your defense is prepared. If you have any questions regarding a DUI arrest in Jacksonville, Northeast Florida or Southeast Georgia, please call us at 904-642-3332 or contact us online.