What are the Ways to Get a DUI in Florida?

Fri, Feb 5, 2016

General Legal Issues

Obviously, we know that DUIs are Driving Under the Influence. You constantly see ads about not drinking and driving.  It can also mean being under the influence of drugs, since both drugs and alcohol impair your driving capability.

Being over the legal limit means you have a blood alcohol level of .08 or greater. This, and other information, is found here: FLHSMV. There it details the levels of fines, which go up depending on the number of offenses, along with the blood alcohol level and if there was a minor in the car. However, this is all different if the driver is under 21:

Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any blood alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.

You don’t always have to be at the .08 level if you are over 21, to still be charged with impaired driving. Title XXIII, Chapter 316 says that driving under the influence means: The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

Go ahead and click on 877.111.  If  you visit the link, there is quite a list of chemical substances.

On a side note, this is what the FLHSMV lists as conditions for someone being released after a DUI:

  • The person is no longer under the influence and;
  • The person’s normal faculties are no longer impaired
  • The person’s blood/breath alcohol level is lower than 0.05; or
  • Eight hours have elapsed from the time the person was arrested.

Nevertheless, don’t think that a DUI stops with cars: here in Florida you can get a BUI. What’s that, you ask? Boating Under the Influence. Penalties can be just as serious as a DUI in a car. One valid point is that many people can’t even operate a boat properly on a good day, much less while under the influence. It’s a dangerous combo. We also wrote about BUI’s on a blog a while back, check it out here.

While not a DUI, there are other rules in Florida about having an open container in certain places or being drunk and disorderly. We have also written about this on our blog here. And just in case you haven’t heard about the Barbie Jeep story, check out the inventive way a woman in Texas got around after her DUI.

Attorney Christopher D. Smith, Sr. is designated a Board Certified Consumer Bankruptcy Lawyer by the American Board of Certification.  SmithLaw is located in Lakewood Ranch, Florida.  Attorney Smith concentrates on bankruptcy, civil litigation, probate, family law, estate planning, real estate, and elder exploitation cases in the Sarasota and Bradenton area.  Call 941-202-2222 to learn more.  SmithLaw offers free consultations in certain areas, including consumer bankruptcy, probate, and personal injury matters.

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