When someone has been arrested for driving under the influence (DUI) in Florida, they may believe the case against them is cut and dry, with no hope of having the case dismissed or the penalties reduced. If someone was driving and their blood alcohol content (BAC) was above the limit of .08, the individual may be arrested and charged with DUI. If there was an accident or property damage involved, there may be additional charges. There are several factors that most people do not know about Florida DUI laws that may affect the outcome of their case.

Administrative Hearing

The driver has 10 days from the date of arrest to request a formal administrative hearing regarding the state of their driver’s license. The outcome of this hearing indirectly affects the criminal charges and trial the accused is facing. They can bring a Florida DUI attorney for representation, but it is not required. Without the request, the hearing does not happen and the person loses the right to appeal the automatic suspension of their driver’s license.

Boating While Intoxicated

Similar to driving while intoxicated, someone can be charged with boating while intoxicated (BUI) when operating watercraft over the legal limit of .08. They are subject to the same sobriety tests, although some of the penalties and guidelines are different.

Refusal

If someone refuses to take a breath, urine or blood test after they have been pulled over for a Florida DUI, their driver’s license is automatically revoked until further notice. Under Florida law, when someone earns and receives their driver’s license, they automatically imply consent to take alcohol tests if requested by law enforcement officials.

Florida Ignition Interlock Program

After someone has been convicted of DUI and served their jail time, they may be required to participate in the Florida Ignition Interlock Program. All of the vehicles they own or drive regularly will have a breath testing device installed. The vehicle cannot be driven unless the driver passes BAC guidelines before starting the engine and while en route to their destination.

Sobriety Tests

Failing a sobriety test is not automatic reason to believe someone will be convicted of DUI. A skilled Florida DUI lawyer may find a host of reasons that the DUI stop was conducted improperly or that the evidence may be inaccurate or unlawfully obtained. The sobriety tests and their results can be thrown out of court under certain circumstances.

Prior Convictions

The existence of previous drunk driving convictions greatly influences the penalties imposed if someone is found guilty of DUI in Florida. The number of prior convictions, how many years it been since they have had a violation and whether the person is on probation are all factors considered in DUI cases.