Monday, October 7, 2013

It Is Not Illegal To Drink And Drive. It Is Illegal To Drink Too Much and Drive.

 

Arrested for DUI in Fort Lauderdale?


You probably know someone whose life has been affected by DUI. Perhaps a friend or family member has spent a night in jail because of a DUI. Or maybe a friend's problem with drugs or alcohol has led to multiple arrests behind the wheel of a car. Whatever your individual experience, DUI affects everyone.
  • You were sure that you waited long enough after that last drink before starting home.
  • You were pretty sure you only had two beers, or was it three.
  • You were only going ten blocks from the restaurant to your home.
  • You were sure that you were driving in a safe manner despite having drinks.
If you are in need of legal assistance due to DUI, contact The Law Offices Of Eric A. Kay, PA at 954-330-8994  They are located at 12 SE 7th Street Suite 707, Fort Lauderdale, FL 33301and 123 SE 3rd Avenue #252,  Miami, FL 33131.
Photo Credit Flickr.com
If you get pulled over for a DUI in Fort Lauderdale or other Florida cities, the officer is going to put you through a routine that has been practiced many times before. In Florida, it is not illegal to consume an alcoholic beverage and get behind the wheel of a car. In order to prove that an individual is guilty of the crime of DUI in Florida, the state must prove that a person consumed alcohol to the extent that their "normal faculties" are impaired. Sadly, many officers will conclude that you are guilty of DUI simply because the odor of alcohol is present on your breath, and simply build their case from there based on roadside exercises that are nearly impossible to perform perfectly, even for a completely sober person.

According to DrivingLaws.org the Florida state law is as follows.
The State of Florida drunk driving laws prohibits driving any type of vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 percent BAC limit is the standard measurement used across the United States for the "impaired" driver. This limit is lower for drivers of commercial vehicles (.04%) and virtually non-existent for drivers under the age of 21 (.02%).

How many drinks does it take to reach the legal limit in Florida?

There really isn't a magic formula that can calculate exactly how much you can drink before you become legally impaired. It is safe to say that for every drink you take, your level of impairment increases. There have been studies that have shown that you blood alcohol concentration level goes up approximately .05 percent for each drink taken. In fact, it takes very little alcohol to become legally drunk.

The best answer is not to drink and drive . The State of Florida has strict laws for drunk driving, and when you drink and drive in Florida, you risk your freedom, finances and your future.

A first time conviction of drunk driving in Florida will result in up to 6 months in jail. If a minor was
in the vehicle at the time of the arrest, or if the driver had a BAC of .15 percent or higher, a sentence of no more than 9 months in jail will be issued. Unless the family of the DUI has no other means of transportation the vehicle will be impounded for 10 days. The convicted driver will also receive a fine of no less than $500 and no more than $1,000. If the driver's BAC was .15 percent or higher or there was a minor in the vehicle the fine will be no less than $1000 and no more than $2,000. A drivers license suspension of 6 months. You will also need to do 50 hours of community service or pay $10 for every hour of community service given. You must also complete DUI school as directed by the court.

A second drunk driving conviction in Florida will result in up to 9 months in jail. If a minor was in the vehicle at the time of the arrest, or the driver had a BAC of .15 percent or higher, a sentence of no more than 12 months in jail will be issued. If the second conviction of drunk driving is within 5 years of the first, the driver must be imprisoned for 10 days mandatory, 48 hours of the confinement must be consecutive. Unless the family of the convicted driver has no other means of transportation the vehicle will be impounded for 30 days. The convicted driver will also receive a fine of no less than $1,000 and no more than $2,000. If the driver's BAC was .15 percent or higher or there was a minor in the vehicle the fine will be no less than $2,000 and no more than $4,000. If within 5 years, a minimum drivers license suspension of 5 years. If eligible, a hardship reinstatement will may be issued after 1 year. You must also complete DUI school as directed by the court.

A third drunk driving conviction in Florida will result in up to 12 months in jail, 30 days of the jail sentence is mandatory and 48 hours must be served consecutively. Unless the family of the convicted driver has no other means of transportation, the vehicle will be impounded for 90 days. The convicted driver will also receive a fine of no less than $2,000 and no more than $5,000. If the driver's BAC was .15 percent or higher, or a minor was in the vehicle during the DUI, the fine will be no less than $4,000. A minimum drivers license suspension of 10 years. If eligible, a hardship reinstatement will may be issued after 2 years.

A fourth drunk driving conviction will result in up to 5 years in jail as provided in the State of Florida statutes as a habitual offender. On your fourth drunk driving conviction, your license will be revoked for life, without any possibility of receiving a hardship reinstatement. The fine will be no less than $2,000.

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