Florida DUI Penalties
Implied Consent Laws
Laws demand drivers assumed of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rebuttal carries penalties that can include compulsory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Florida, any driver with a blood-alcohol concentration - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this evidence is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” centre of attention on drivers not of legal drinking age. In Florida, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or above are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more rigorous punishment for those convicted of DUI with a principally high blood-alcohol content at the time of arrest; this is ordinarily .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in Florida.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties compulsory on drivers with a blood-alcohol concentration above Florida’s maximum permissible level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning temporary or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Florida, for the earliest DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The sentence of vehicle confiscation for DUI conviction – either lastingly or temporarily - is a prospect in some states, ordinarily for repeat offenders. This is not a penalty option in Florida.
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Ignition Interlock
An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to do a breath-test before the vehicle will start. While this penalty for DUI conviction is a prospect in some states, this is not an alternative in Florida.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol teaching and prevention program, treatment for alcohol abuse, and evaluation of a person for possible alcohol or drug dependence can be required for DUI offenders in Florida. These steps are often recommended instead of serving a sentence of incarceration or paying fines.
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