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DUI is determined if the person has a blood or breath alcohol level of 0.08 percent or higher, or if the person is driving under the influence of other controlled substances by which his/her faculties are impaired.
Under Florida's Implied Consent and DUI Refusal law, refusing a breath or urine test is a second-degree misdemeanor on the first refusal.
- A breath test is for suspected alcohol impairment
- A urine test is for suspected drug impairment
If you consent and your BAC is above .08, see First Conviction below.
If you consent and your BAC is less than .08 but there is still suspected impairment, law enforcement will request a urine test. If there is a positive result, see First Conviction below.
First conviction:
- 1 year of probation
- 50 community service hours; $10 fine for each hour
- Maximum 6 months in jail or a residential alcoholism/drug abuse treatment program
- Maximum $1000 fine
- 10 days vehicle immobilization & costs/fees for holding
- 1 year of driver license suspension or revocation
- 6 months of an ignition interlock device
- Court costs
Second conviction:
- All sanction above except
- Maximum $2,000
- Maximum 9 months in jail or a residential alcoholism/drug abuse treatment program
- Minimum 2 years ignition interlock device
- Possible participation and payment in a qualified sobriety and drug monitoring program
- Second conviction within a period of five years: minimum 10 days in jail
- Third conviction within a period of 10 years: third-degree felony, 30 days in jail, mandatory 2-year ignition interlock, 90 days vehicle immobilization & costs/fees for holding
A person who is arrested for a DUI violation may not be released from custody until s/he is no longer under the influence of the impairing substance to the extent that her/his normal faculties are returned, her/his blood alcohol level is less that 0.05 percent or until eight hours have elapsed.
Related charges while DUI, and their consequences:
- Damage to person or property of another
- First-degree misdemeanor: penalties as stated above except first offense. Maximum fine $1,000; Maximum jail - one year
- Serious bodily injury to another
- Third-degree felony: Maximum fine - $5,000; Maximum jail - five years in state prison
- The death of any human being or unborn child
- First-degree felony: DUI manslaughter
- Second-degree felony: Maximum fine - $15,000; Maximum jail - 15 years in state prison
- Knew or should have known that a crash occurred
- First-degree felony
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