Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Florida DUI Penalties
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- Laws require DUI suspected drivers to go under through breath, blood, or urine testing for alcohol content is known as “implied consent laws”. Refusal carries penalties, which include mandatory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
In Florida, any driver with blood alcohol content above than 0.08 percent will be measured as “per se intoxicated” under the law. Being convicted for DUI or DWI only this requirement is enough.
Zero Tolerance Blood Alcohol Concentration
All of the states zero tolerance laws mainly focus on drivers not of legal drinking age. Persons under 21 years of age with blood alcohol level of 0.02 percent operating motor vehicle will be subject to DUI penalties.
Enhanced Penalty Blood Alcohol Concentration
Some states are having more severe punishment for DUI convicted people with high level of blood alcohol content at the time of arrest; that is usually .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Florida.
Administrative License Suspension/Revocation Penalties
These are minimum mandatory penalties imposed on drivers in Florida who are having blood alcohol level above than 0.08 percent. They will be subject to the implied consent laws for refusing to submit to breath, blood, or urine test for blood alcohol content.
These penalties include suspension of revocation of driver’s license by DMV. For earliest DUI offense in Florida the mandatory suspension will be of 90 days; for the second offense it will be for one year and for third offense its for three years.
Vehicle Confiscation
Sentence of vehicle confiscation for DUI offenders in some states is a prospect, usually for repeat offenders. This is not a penalty option in Florida.
Ignition Interlock
Ignition interlock is a device, which is attached with DUI offender’s car so that he will submit to breath test before starting the vehicle. While this penalty is an option in some states but this is not an alternative in Florida.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and prevention program, treatment for alcohol abuse and assessment of a person for possible alcohol or drug dependency can be required for DUI offenders in Florida.
Such steps are often taken instead of harsh punishment of imprisonment or paying heavy fines.
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