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Drunk and / or Drugged Driving

Florida Statute §316.139: Driving Under the Influence

The Florida statute for a DUI states that a person is guilty of driving under the influence, and is subject to punishment if, they are impaired by the effects of alcohol or any controlled substance outlined in s. 877.111. In the state of Florida, a blood alcohol concentration of .08% or higher can result in an arrest for a DUI charge.

Ways to Determine DUI

  • Chemical & Physical Tests: Includes blood tests, breath tests & urine tests
    • Blood alcohol concentration cannot exceed 0.08 grams of alcohol per 100 milliliters of blood
    • Breath alcohol level cannot exceed 0.08 grams of alcohol per 210 liters of breath
  • Standardized Field Sobriety Tests: Includes a series of physical and cognitive tests administered by a law enforcement officer to determine sobriety
    • Horizontal Gaze Nystagmus: requires you to track an object with your eyes
    • One Leg Stand: requires you to raise one foot and maintain balance for a period of time
    • Walk and Turn: requires you to take heel-to-toe steps in one direction, then turn around on the line and continue back

These tests are designed for a law enforcement officer to be able to determine a driver's mental and physical capabilities while behind the wheel. If convicted of a DUI in Florida, there are several consequences that may be enforced as a result.

Consequences of a DUI

  • Fines: Between $500-$1,000 for a first time DUI conviction & between $1,000-$2,000 for a second conviction
  • Jail Time: Up to 6 months for a first time conviction & up to 9 months for a second conviction
  • Ignition Interlock Device: For second time conviction, might require installation of a device—for no less than a year— that prohibits you from starting the engine of your vehicle before first providing a breath sample that is under the specified BAC limit
  • Community Service: Mandatory 50 hours for first time offense

Click here to view the Florida statute regarding DUI.

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