July 29, 2021
DUI is short for driving under the influence, and it is one of the more common offenses you can find in Florida. It happens when someone is driving or in physical control of a vehicle while under the influence of drugs, chemicals, or a controlled substance. The more common cause of DUI, however, would be alcohol. As such, drunk driving has become a typical way people refer to DUI, although you wouldn’t need to be drunk to be guilty of said offense.
In this article, we’re going to delve deeper into DUI, answering various questions to help you learn more about DUI cases in Florida.
1. Will the Offender Be Sent to Jail?
One of the biggest worries about DUI offenders is that they may end up going to jail for the offense. However, this will depend on how often the offense was committed. If it was a first-time offense, there would be no jail time. However, if it were the second time within the first five years of the previous conviction, then a minimum term of ten days is required. A third conviction within the ten years that the first two offenses were made, and one can expect at least thirty days of jail time.
2. Can the Driver Refuse to Take a DUI Test?
While it may surprise a few to know that one can refuse a DUI test, it comes with its consequences. The law allows police officers to seize and suspend your driving license for at least a year for the first refusal and 18 months for any subsequent refusals after. Refusing a DUI test will also be admissible in criminal proceedings used against the offender. As such, it is the smarter route to take the DUI test if one has been lawfully arrested.
3. What Is “in Physical Control” of a Vehicle?
When it comes to DUI, the offender will be the one “in physical control” of the vehicle while under the influence of drugs, alcohol, or chemicals. The term “in physical control” is used as a way to set the blame on the person who has the capability and power to direct the vehicle, even if they weren’t driving at the moment. This means that even if the car is at a complete standstill, a person can still be convicted of DUI if they are sitting behind the wheel with the keys in the vehicle.
4. Is It in the Officer’s Right to Seize a Driving License?
Police in Florida have the right to seize a driving license should they be driving with an unlawful blood-alcohol level, which is 0.08% or higher. They can also seize the license of those who refuse the breath, blood, or urine test. The driver will also be given a traffic ticket that acts as a ten-day temporary work permit and a notice of suspension of the driver’s license.
With that in mind, it is never a good idea to drive under the influence under any circumstances. Not only do you put yourself in danger of an accident, but you also put the lives of those around you at risk. As such, if you are planning to drive, do not get into drinking or the use of any drugs or chemicals. If you do, then consider having someone else who is fully sober drive for you. This way, you can get to your destination safe and sound, and you will not run into any trouble with the police.
Dorsey Law JAX offers top Jacksonville attorneys offering aggressive and expert representation to achieve the absolute best outcome. Contact us today and receive the support you need!