Gainesville Lawyer Fletcher is an AV® Peer Review Rated Criminal Defense attorney who represents
clients in Federal and State criminal matters across the State of Florida.
Gloria W. Fletcher, P.A.
4510 NW 6th Place 3rd Floor
Gainesville, Florida 32607
 
Call 352.374.4007  
 
  DUI Offenses
A conviction for driving under the influence (DUI) can be detrimental to your record. For this reason, it is imperative to have a thorough understanding about your legal rights. Under Florida law, there are two ways to prove one is driving under the influence – by impairment of normal faculties or though a chemical test, which shows the person has an unlawful blood alcohol level of .08% or above. Despite the method to prove the offense, the penalties upon conviction are the same. There are several ways that law enforcement can prove that that you are driving while under the influence.

"Per Se" Blood Alcohol Concentration (BAC) Level
Since 2005, Florida has enacted "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. By definition, drivers with a BAC at or above .08 are considered legally intoxicated. At this point, no additional proof of driving impairment is necessary.

Zero Tolerance Blood Alcohol Concentration (BAC) Level
Florida carries zero tolerance laws that are aimed at drivers under the legal drinking age. These laws penalize anyone under 21 for operating a vehicle with any trace of alcohol in their system, or with negligible BAC levels, such as .01 or .02 percent.

Enhanced Penalty Blood Alcohol Concentration (BAC) Level
Florida may enforce stricter penalties on DUI offenders with a high BAC at the time of the offense, on average .15 to .20 percent. DUI offenders with a BAC at or above Florida’s enhanced penalty standards may face added jail time, heftier fines, and more severe driver's license restrictions.

Implied Consent Laws
If suspected, "implied consent" laws require drivers to submit to a chemical test, such as breath, blood, or urine testing. A driver can refuse to the chemical test, but will face penalties that may include the suspension or revocation of the driver’s license.

Penalties
Any DUI violation that results in property damage is a first degree misdemeanor. Any DUI violation that results in the death of another is DUI manslaughter and is either a first or second degree felony. Lastly, any violation that results in a serious bodily injury to another is a third degree felony.

The consequences of a DUI conviction can be serious and life changing. If convicted, you could lose your license; pay astonishing fines, and be forced to give up your freedom. When it comes to your livelihood, do not take any chances. Contact a dedicated legal representative today to get started on your defense.
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