EXPERIENCED VENICE DUI LAWYERS 

FLORIDA DRUNK DRIVING LAWS EXPLAINED BY OUR VENICE DUI LAWYERS

If you are charged with a DUI in Venice, Florida, then you may be confused about the law, the penalties associated with the charge at-issue, and what you can do to avoid criminal liability. At Fowler Law Group, our Venice DUI lawyers can guide you through the DUI litigation process from beginning to end. Contact us today for immediate guidance.

WHAT QUALIFIES AS A DUI UNDER FLORIDA LAW?

In Florida, driving under the influence of drugs or alcohol (DUI) offenses are serious crimes for which liability is imposed if the prosecution can show that:

a) You were in actual physical control of the vehicle at-issue, and
b) You were intoxicated at the time.

If your blood alcohol content level is 0.08 or above (0.04 or above for commercially-licensed drivers, and 0.02 or above for drivers under the age of 21), then you will be deemed intoxicated as a matter of law. In Florida, however, even if you have a blood alcohol content level below the “minimum,” prosecutors can establish intoxication by demonstrating that your normal faculties were impaired. Simply put, if prosecutors can show that your ability to safely operate your vehicle was materially and substantially impacted due to your consumption of alcohol or drugs, then you will be deemed intoxicated.

It’s worth noting, also, that you can be held liable for a drug DUI for consumption of legal substances, such as prescription medication — so long as it impairs your normal faculties, you must be careful not to consume such medication prior to driving.

PENALTIES FOR DUI VARY SUBSTANTIALLY

Penalties for a DUI vary depending on the level of intoxication, the consequences of your DUI violation (i.e., whether you collided with another person and caused them to suffer serious bodily harm), the presence of minors in your vehicle, and recent prior DUI convictions on your record.  As such, the severity of penalties is rather specific to the circumstances.

DUI violations may be accompanied by the following penalties:

• Fines
• Jail time
• Probation
• License revocation
• Ignition interlock device installation
• Substance abuse treatment
• Community service requirements
• And more

COMMON DEFENSES TO A DUI CHARGE

Illegitimate Police Stop

If police stopped you illegitimately, and that illegitimate stop led to a DUI charge, then you may be able to have the case dismissed, thus shielding you from criminal liability altogether.  In Florida, law enforcement officers may only stop you if they have: a) reasonable suspicion to believe that you have committed or are currently engaged in a traffic violation, or b) probable cause that you have committed or are currently committing a crime.

DUIs qualify as traffic violations, and as such, police only need reasonable suspicion to stop you and administer a field sobriety test or breathalyzer test.  A law enforcement officer may have reasonable suspicion due to a “hunch,” but that hunch must be supported by specific and articulable facts.  For example, if an officer sees that you are swerving and driving strangely, that is a specific and articulable fact sufficient to give rise to a reasonable suspicion that you are driving while intoxicated.