In Florida, “Driving Under the Influence” (DUI) is defined as driving or being in actual physical control of a vehicle under the influence of drugs or alcohol. “Actual physical control” means you’re in a position to drive easily.
A person is legally considered under the influence if their blood alcohol concentration (BAC) is 0.08 or higher. This applies to both blood and breath tests, with 0.08 grams per 100 mL of blood or per 210 liters of breath.
Our experienced criminal defense lawyers have proved their ability to handle cases like yours. Whether it’s your first offense or you’re facing aggravated DUI charges, our team can guide you through the legal process and work tirelessly to protect your rights.
What Is Probation for DUI in Florida?
Florida’s DUI law (Statute 316.193) states that a first-time DUI offender can face up to six months in jail or up to a year if the DUI is aggravated. The judge decides on jail time but must also impose probation.
Every person convicted of a DUI must receive probation. Probation terms are similar to those for other offenses, such as obeying the law, but Florida’s DUI probation laws include additional specific conditions.
Having a criminal defense lawyer by your side is beneficial as their experience can help you build a strong defense, answer your queries, and navigate the complexities of Florida’s DUI laws. Our dedicated criminal defense attorneys are here to stand with you every step of the way!
DUI Probation for a First-Time Offense
Probation is standard for first-time DUI offenders. A simple DUI conviction could still lead to up to six months in jail, so probation is considered a privilege. Florida law requires all DUI offenders to serve some form of probation.
The probation period lasts 12 months, and you’ll need to meet with a probation officer monthly. The officer ensures that you follow the terms of your probation, which may vary per case. You’ll need to provide proof of meeting your obligations, such as the following:
- Community Service: Often, DUI offenders are required to complete a certain number of community service hours.
- DUI School: Attendance at a DUI educational program is mandatory. This program covers topics such as the effects of alcohol on your body and driving abilities, Florida DUI laws, and how to make better choices.
- Victim Impact Panels: Some offenders may need to attend sessions where victims of drunk driving share their stories, highlighting the emotional and physical damage caused by DUI incidents.
During probation, you must comply with specific terms set by the court, such as:
- Not committing more crimes;
- Maintaining employment; and
- Attending all required court appearances and classes
The officer reports this to the court, and as long as you comply with the court’s orders, you can successfully complete probation and return to normal life.
DUI Classes in Florida
As mentioned previously, as part of your probation, you’ll need to attend DUI classes from certified providers. These classes aim to impart the following:
- Discourage drinking and driving
- Explain how alcohol affects your nervous system and slows reaction time
- You’ll also hear stories from people who have lost loved ones in drunk driving accidents
DUI probation isn’t easy, but it’s better than jail. You’ll have several responsibilities, and it’s crucial to fulfill the terms of your probation to avoid jail time.
Violations of Probation in Florida
If you violate your probation terms in Florida, there will be a hearing with a judge but no jury. The judge will decide if the violation was intentional or accidental. If it’s found to be intentional, you could face a separate probation violation charge and possibly be sentenced to jail.
License Suspension in Florida
One of the most immediate impacts of a DUI conviction is the suspension of your driver’s license. The duration of the suspension varies based on the number of offenses:
- First DUI: Minimum of 180 days suspension.
- Second DUI: Minimum of 5 years if the second DUI occurs within 5 years of the first.
- Third DUI: Minimum of 10 years if the third DUI occurs within 10 years of the second.
- Fourth DUI: Possible permanent revocation of your driver’s license.
Penalties increase significantly with repeat offenses. After a DUI charge, your license is partially suspended, but you can drive for business purposes for 10 days using your DUI citation as a temporary permit.
However, driving with a suspended license can lead to more severe penalties, so it’s important to adhere to the terms of the suspension strictly. Your DUI lawyer in Florida can help you sort your options and protect your rights throughout the entire duration of your case.
How Do I Get My License Back After a DUI Charge in Florida?
Regaining your driving privileges after a DUI in Florida involves several steps, which must be followed carefully:
- Complete the Suspension Period: Serve the full term of your license suspension before applying for reinstatement.
- DUI School: Complete a state-approved DUI educational program and submit proof to the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
- Apply for a Hardship License: If eligible, apply for a hardship license to drive for work or business purposes only during your suspension. This requires proving your need to drive at a hearing.
- Fulfill All Court Requirements: Pay all fines, complete community service, and meet any other conditions set by the court.
- SR-22 Insurance: Obtain SR-22 insurance. Your insurance company must send a certificate of financial responsibility to the DHSMV, showing you have liability coverage.
- Reinstatement Fee: Pay a reinstatement fee to the DHSMV. The fee amount varies based on the number of DUI offenses.
Regaining your license after a DUI requires careful attention to the laws and completing all required steps. It’s crucial to work with a reliable DUI attorney in Florida who can help you stay informed and comply with all legal requirements to ensure you can return to driving legally and safely.
Contact Fletcher & Fletcher DUI Attorneys in Florida Today!
A DUI conviction in Florida carries severe penalties designed to discourage impaired driving and ensure public safety. Remember, driving wherever you are in Florida is a privilege that comes with significant responsibilities, especially concerning the safety of others on the road.
If you or a loved one is facing a DUI charge, contact our DUI attorneys at Fletcher & Fletcher today. We’ll protect your rights and help you work toward getting your life back on track.
