DUI in Florida: How Many Drinks Does It Take?

December 28, 2021 | Category: Criminal Defense, Florida DUI Laws

The Florida legal limit for a driver’s blood alcohol concentration (BAC) is .08. A standard liquor drink contains one ounce of liquor, a glass of wine is five ounces, and one beer equates to twelve ounces - for reference. For the general population, is it almost impossible to determine their exact blood alcohol concentration, which is why anyone partaking in beverages containing alcohol should use their best judgment on driving and when to get a designated driver to avoid any issues that may arise.

A person’s weight, alcohol tolerance, what they ate before drinking, and even their stress and hydration levels can make blood alcohol concentrations vary greatly.  The state can prove impairment by your blood alcohol level, but it should be noted that the State does not need to "prove" that you are drunk, just that alcohol has impaired your ability to drive properly.  

Consequences For a DUI With a BAC over .15

The punishments for driving with a BAC over .15 or higher include fines, jail time, community service, and loss of the privilege to drive.

  • For a first conviction, the fine ranges between $1,000 and $2,000 and a maximum sentence of nine months in jail. A person convicted of DUI will also do 50 hours of community service and spend up to one year of probation. The driver’s license will be suspended from six months to one year.
  • A second DUI conviction for .15 BAC results in a fine between $2,000 and $4,000 and is punishable by up to one year in jail. A person will lose his or her privilege to drive for up to five years if the two convictions are within five years of each other.
  • The penalties continue to get worse for a third conviction or more. In addition, a person may lose his or her driver’s license from ten days after the arrest until the trial, unless he or she prevails at an administrative hearing. Also, a person convicted of DUI will pay much higher car insurance premiums once he or she can drive again.

If you get stopped by a police officer and they suspect that you are intoxicated or driving under the influence, you may be asked to perform different physical "tests" to determine factors associated with intoxication. They may also request a breath test to measure your BAC. Breath tests are typically only given when the officer believes the driver is intoxicated and after they have been placed under arrest.

Did you know that your driver’s license can be suspended before you have ever had your day in court? Under Florida law, a person who has been arrested for a DUI is subject to an immediate administrative suspension of their driver’s license.  From the date of your arrest, you have ten days to submit a request to have the administrative suspension review. To save your license, please get help from an experienced DUI defense attorney.

Our attorneys at Douglas Law Firm have years of experience in representing criminal defendants and we look forward to discussing how we can best serve you.

Call us today for a complimentary consultation at 800-705-5457!

 

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