DUI stands for “driving under the influence.” All states in the United States of America operate a version of a DUI statute. The laws forbid anyone from driving a motor vehicle while under the influence of a toxic substance capable of impairing their motor skills.
Most states include illegal drugs, over-the-counter medications, and alcohol in their list of prohibited substances. Also, some states include golf carts, bicycles, and mopeds in their list of vehicles a motorist must not operate while intoxicated.
Apart from DUI, some states use the following names to describe the crime of driving under the influence:
OUI—Operating Under the Influence
DWI—Driving While Intoxicated
OMVI—Operating a Motor Vehicle Intoxicated
Dissecting Implied Consent as it Relates to Driver’s License
Every US state has some version of implied consent relating to a person’s driver’s license apart from DUI statutes. It means before you can receive your driver’s license, you have agreed to future chemical evaluation for drugs or alcohol during an investigation or arrest for DUI.
You can decline these tests, but you may grapple with more fines and punishments if you do so. For instance, depending on state laws, they may suspend your driver’s license.
Shedding Light on DUI Policies for Out-of-State Motorists
The Interstate Driver’s License Compact is a consensus between some jurisdictions that enshrine a DUI apprehension out of state via a contract to abide by the DUI license suspension prerequisites where the offense occurred. The compact thrives on the principle that each motorist in the US has one driver’s license and a driving record.
Most states except Michigan, Massachusetts, Tennessee, Georgia, and Wisconsin belong to the IDLC. The belonging states report driving arrests to other jurisdictions. Hence, if the police in Oregon arrest a New York resident for drunk driving, New York can suspend the person’s driver’s license based on the Oregon arrest.
Understanding Driver’s License Agreement (DLA)
The Driver’s License Agreement (DLA) is quickly replacing the Interstate Driver’s License Compact (IDLC). Upon its full implementation, the DLA will draft stricter restrictions for its member states, and out-of-state offenders will face harsher consequences.
The most pronounced variation between the DLA and the IDLC is that the former will harmonize state-wide variations between crimes. The DLA recommends that a state does not need to implement out-of-state license suspensions or convictions if the jurisdiction lacks a similar rule.
If they arrest you for DUI in any state, it can significantly affect your driver’s license in your home state. Similarly, out-of-state and state residents may face severe consequences for a DUI offense due to the IDLC and its successor, the DLA.
Must I Return to the State Where the Incident Happened?
Primarily, you must return to the state where law enforcement arrested you to defend the charges against you. However, the state may permanently revoke your driving privileges if you fail to appear in court or attend required hearings.
Also, the state may issue a warrant, which will appear in your driving record in other jurisdictions. Your home state will eventually discover the arrest and suspend your driver’s license.
The Criteria for DUI Arrests across States
US states have the exact requirements for DUI arrests. The blood alcohol concentration (BAC) is a maximum of 0.08 percent, according to Congress. Hence, you are legally drunk if the amount of alcohol in your blood is at or surpasses this level.
All US states adopt this standard for non-commercial, regular vehicles. It means if you are drunk during your arrest and in the state where the police arrested you, your home state will most likely consider you drunk.
“States may have different penalties for DUI offenses because some states have more severe punishments. Every state has the liberty to penalize offenders as they deem fit,” says DUI attorney Summer Goldman of Goldman Wetzel, PLLC.
The DUI Policies in Florida
Florida forbids driving under the influence of chemical substances, controlled substances, or alcoholic beverages. You are guilty if your breath alcohol or blood alcohol level is at least .08. You are also guilty if the police establish that the substances have impaired your normal faculties.
The legal consequences are the same, not minding how the authorities establish or prove the offense. The penalties include monetary fines, imprisonment, and vehicle immobilization or impoundment.
It is also crucial to note that the penalties differ by conviction rate. For instance, a first-time offender pays between $500 and $1,000, while a third-time convict pays between $2,000 and $5,000. Thus, repeat offenders face stiffer punishments.
Before the police can release you after a DUI arrest, they must ascertain that:
- You are no longer under the influence and no more impairment to your normal faculties
- Your breath or blood alcohol level is less than 0.05 percent
- It has been more than eight hours since the police arrested you
If you cause personal injury or property damage to anyone while driving under the influence, you are guilty of a first-degree misdemeanor. Hence, you may pay a fine not exceeding $1,000 or a year’s imprisonment. However, the punishment is harsher if it leads to severe bodily injury, manslaughter, or vehicular homicide.
Driver’s License Revocation Periods in Florida
- A minimum of 180 days and a maximum of 365 days if it is a first offense without physical harm
- Minimum of three years revocation if it is a first-time offense with bodily harm
- If you commit a second offense within five years of your first conviction, it is at least five years of revocation. However, you may be eligible for hardship reinstatement after a year
- The same law applies to a second offense five or more years after a prior conviction
- A minimum of ten years revocation for a third crime within ten years of the second conviction is required. However, you may apply for hardship reinstatement after two years
- You will face compulsory permanent revocation on the fourth conviction regardless of when prior convictions happened. However, you may be eligible for hardship reinstatement after five years. If imprisoned, the revocation starts counting immediately after your release
- Compulsory permanent revocation for DUI manslaughter. Individuals without prior DUI convictions may be eligible for hardship reinstatement after five years
- Minimum of three years revocation for DUI severe injuries
Do I Need to Speak with an Attorney?
It is advisable to hire a reliable DUI or DWI attorney when you face any driving under the influence issue. You can see the severe consequences of the offense in Florida and nationwide.
You need a local DUI lawyer who understands Florida statutes to help protect your rights, review your case, and determine your best options. Also, they will help challenge your license suspension. If need be, they will represent you in court.
Media Information:
Goldman Wetzel, PLLC
3030 N. Rocky Point Dr Suite 150
Tampa, FL 33607
(888) 727-4652
