What are the New DUI Laws in Florida and How Can I Best Avoid the Penalties?

Florida has several updated and new DUI laws in 2024, including:

• HB 0039: Tightens the consequences for those arrested for a DUI who refuse to submit to a lawful breath, urine, or blood test
• HB 39 and SB 260: Require drivers who refuse to take a breathalyzer to install ignition interlock devices at their own expense
• House Bill 961: Revises conditions under which a DUI or BUI offense is committed, provides affirmative defense, and revises penalties for offenses of DUI & BUI manslaughter
• House Bill 1589: Requires driver improvement schools or DUI programs in certain suspension and revocation cases

Florida also has “implied consent” laws, which state that all drivers who are arrested for a DUI must submit to a urine, blood, or breath test. If they do not, it may result in a one-year suspension of your license. 

Other updated penalties for a recent Florida DUI include:

• For your first conviction, your car will be impounded for 10 days
• For your second conviction within five years, your car will be impounded for 30 days
• For your third conviction within 10 years, your car will be impounded for 90 days

Here are some reliable ways to challenge a DUI charge and defend against new Florida DUI penalies:

• Contact a local DUI defense attorney: An experienced criminal defense in the area attorney can immediately help after a free review of the arrest.
• Evaluate the evidence: Consider challenges such as:
  • Improper arrest or search
  • Invalid intoxication testing
  • Unfair processing
  • The way the police officer handled the stop
  • The stop itself
• Challenge the police officer’s observations: Consider defenses such as:
  • Evidence of good driving techniques
  • Alternative explanations for physical symptoms
  • Prejudicial variables in the field sobriety test
  • Flaws in the calibration or administration of the breathalyzer or chemical test
  • A lack of reasonable suspicion in making the stop
  • The driver should be observed continuously for a minimum period, such as twenty minutes, prior to a breath test
  • Challenge the use of the Breathalyzer device

Florida DUI Arrest: A Guide to Understanding the Law and Protecting Yourself (2024 Update)

After recenty getting arrested for a DUI charge in Florida, it is often a confusing and stressful experience. The legalities can feel overwhelming, and understanding the latest laws and potential consequences is crucial.

This local legal guide, written by FL DUI defense lawyers of nearly 3 decades of experience, aims to provide clear and practical information specific to Florida’s updated DUI laws, offering guidance on navigating the aftermath of an arrest.

Understanding Florida’s DUI Laws (Updated for 2024)

Florida, like most states, has a zero-tolerance policy for driving under the influence (DUI). This means a driver can be arrested even if their Blood Alcohol Content (BAC) is below the legal limit of 0.08% if they exhibit signs of impairment from alcohol or drugs.

Additionally, Florida has strict laws regarding driving with a minor in the vehicle while under the influence, with enhanced penalties.

Key Points to Remember After a DUI Arrest in Florida

• Understanding Your Charges: The specific charges you face depend on the circumstances of your arrest, such as your BAC level, if anyone was injured, and any prior DUI offenses.
• Driver’s License Suspension: In Florida, your license may be suspended immediately upon arrest, especially if you refused a breathalyzer test or your BAC was above the legal limit.
• Potential Penalties: A DUI conviction in Florida can result in significant consequences, including:
  • Jail time
  • Fines
  • Probation
  • Community service
  • Installation of an ignition interlock device (IID) on your vehicle
  • Mandatory substance abuse treatment programs

Case Scenario: Protecting Your Rights After a DUI Arrest

Imagine you are pulled over on suspicion of DUI in Florida. The officer suspects you are under the influence and asks you to take a breathalyzer test. While unsure of your BAC level, you are hesitant to take the test. Here’s what you should do:

• Stay Calm and Polite: Do not argue with the officer or resist arrest.
• Know Your Right to Remain Silent: You have the right to remain silent and politely decline to answer any questions beyond identifying yourself.
• Request an Attorney: An experienced DUI lawyer can advise you on your legal rights and guide you through the legal process.

Proactive Steps to Minimize Current DUI Penalties

While this blog post cannot offer legal advice, understanding that a DUI arrest does not automatically mean facing the harshest penalties is crucial. Here are some general recommendations:

• Contact a qualified DUI lawyer immediately. An attorney can review your case, explain your legal options, and fight for the best possible outcome.
• Gather evidence that may be helpful in your defense. This may include witness statements, dashcam footage, or any documentation related to the arrest.
• Comply with all court orders and mandated requirements. This demonstrates your commitment to taking responsibility and following the legal process.

Remember: If you have been arrested for DUI in Florida, it is crucial to contact an experienced local DUI defense attorney with a free review of the case details as soon as possible to discuss your specific case and explore your legal options.