by Dunn Law Firm | Mar 11, 2019 | Florida DUI
Florida is among several states that have passed “implied consent” laws. Implied consent laws relate to arrests for driving under the influence, also known as DUIs. To learn what you need to know about DUIs and implied consent, just continue reading this blog post.
A police officer can pull over drivers who appear to be under the influence. When an officer pulls over a driver, they have the right to request the driver take tests to prove if they are in fact under the influence of drugs or alcohol. If you are lawfully arrested, you have given your implied consent to take a blood, breath, or urine test to determine your blood alcohol content, or BAC.
With the implied consent law, officers also have the ability to request multiple tests from one driver. For example, an officer can ask a potentially impaired driver for a blood test and a breath test at the time of the traffic stop.
If a driver refuses to take any of these tests, there are immediate consequences. An officer should make a driver aware of these consequences at the time of the traffic stop. When refusing a test, an individual can have their license suspended, the refusal of the test can be used against them in court, and a subsequent refusal can count as a misdemeanor.
The first time an individual is pulled over and refuses these tests, they receive a one year license suspension. A second-time offense results in an 18-month license suspension and additional consequences are possible, such as misdemeanor charges and jail time.
Even though individuals have the right to refuse a test, they can still face jail time. Additionally, just because a person refuses their test doesn’t mean they won’t be charged for a DUI. If you or someone you know has been arrested for a DUI, contact Adam Dunn Law. Speak with an attorney now when you call us at 941-866-4352.
Implited Consent and DUI in Sarasota, FL
by Dunn Law Firm | Jan 14, 2019 | Florida DUI
The Dunn Law Firm in Sarasota is ready to help you if you are charged with Driving Under the Influence (DUI). What is a DUI and what are the implications for you? Let’s look at the basics.
What is Driving Under the Influence? — A DUI charge can be made against you if you are driving while under the influence of alcohol or drugs. Any substance of combination of them which impairs your ability to drive can make you subject to a DUI charge. Drug DUI charges can even apply in some cases if you have a doctor’s prescription and have been advised not to drive or you end up impaired because of their use.
How is a DUI proven? — There are two things that must be proven beyond a reasonable doubt for you to be convicted of a DUI for alcohol or drugs:
- You had to be driving or in physical control of the vehicle
- You were under the influence of alcohol, chemicals, controlled substances or a combination thereof which caused you to be impaired and not having normal faculties
If you have a blood alcohol level (BAC) above 0.08% and are driving, you will automatically be considered to be DUI. This blood alcohol limit is 0.04% for commercial drivers and 0.02% if you are under the age of 21. The last two groups will have their licenses suspended automatically.
What penalties exist for DUI convictions? — The penalties vary both by how many times you have received a DUI conviction and what your BAC was at the time.
First Florida DUI conviction —
- Mandatory 50 hours of community service
- Driver’s license suspended or revoked for 180 days to one year
- License reinstatement fee
- Must attend a DUI program
- Fines are $500 to $100, doubled if there were minors in the car or BAC was above 0.15%
- Interlock device on ignition possible
- Increases in insurance premiums
- Jail time can be a maximum of six months, or maximum of nine for higher BAC
- Maximum one year of probation
- Vehicle is impounded for 10 days
Second DUI conviction —
- Driver’s license suspension or revocation is the same if the second conviction is longer than 5 years from the last; if within 5 years the revocation is for 5 years
- License reinstatement fee
- DUI Level 2 program
- Fines of $1000 to $2000, doubled for minors in car or higher BAC as above
- Insurance premium increases
- Mandatory ignition interlock
- Jail time maximum 9 months, up to 12 months for higher BAC
- Vehicle impounded for 30 days
Third DUI conviction —
- Driver’s license suspension or revocation:
- Longer than 10 years since last conviction: 180 days to one year
- Second and third offenses within 10 years: 10 years
- Possibility of felony charges
- License reinstatement fee
- Advanced DUI program
- Fines of $2000 to $5000, with a $4000 minimum for a minor in the car or higher BAC
- Increased insurance premiums
- Mandatory 30 days in jail, with maximum one year for misdemeanor or up to five years for felony conviction
- Mandatory ignition interlock
- Vehicle impounded for 90 days
What are the penalties for drivers found to be DUI and under the age of 21? — You will receive an automatic suspension of six months for any driver under the age of 21 found to be driving under the influence. If the driver refuses to take any BAC test, they will lose their license for one year for the first offense of refusal and 18 months for the second refusal.
If you have been charged with driving under the influence in Florida, don’t try to manage it alone. You need the legal representation of the Dunn Law Firm to be your advocate, determine if your charges are legitimate, and help minimize the impact on your life. Contact Adam Dunn and the Dunn Law Firm today at 941-866-4352 for a consultation.
Sarasota DUI Facts | Sarasota Traffic Attorney
by Dunn Law Firm | Dec 20, 2018 | Florida DUI
There are ways to avoid reckless driving, which is any driving which disregards the safety of other drivers or pedestrians and can result in both legal and civil consequences. Reckless drivers can face fines, loss of their license, or even jail for the most egregious offenses. If you have ever felt inclined to drive recklessly, consider these tips to avoid the situations leading to this driving behavior:
Leave early — Reckless driving can occur if a person is running late, and feel they need to be reckless or speed to make up lost time. Plan to leave earlier and your driving becomes normal and less stressful.
Obey the laws — It is important to obey traffic laws, they are there for a reason. You are much less likely to drive recklessly or get into an accident if you simply follow the laws that are there for everyone’s safety.
Avoid road rage — Driving stress can occur anytime, and the behavior of other reckless drivers can make you angry or reckless yourself. Don’t fall into this trap — slow down, take a few deep breaths, and let the reckless driver move on to annoy others.
Eliminate distractions — Get rid of food and drinks, leave the radio alone, and don’t pick up your mobile phone to check that message or email. Distractions can cause you to speed, drift into another lane, or hit another vehicle when you aren’t paying attention to the road. Keep all the other activities for when you leave the car…just drive.
Don’t tailgate — Following too closely to the vehicle ahead can cause accidents by not having enough time to avoid the vehicle ahead if they must stop quickly. Give yourself some room to avoid accidents.
Don’t drink and drive — Even if you only drink a little your judgment can be impaired, and you can drive more recklessly or become less attentive. Make arrangements for a ride if you plan to drink.
If you have been charged with reckless driving or have had an accident and need legal support, contact the Dunn Law Firm in Sarasota today by calling 941-866-4352. We can help you sort out your case and represent you as it progresses.
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