Proven Criminal and DUI Defense
I don’t care what you’re accused of doing. You are a human being and you deserve to have someone in your corner who will fight for you. I will not judge you; I’ll defend you. - Tim Flaherty

If you’ve been charged with a crime, call (850) 243-6097 to get a FREE consultation.

Florida Statute 316.193: DUI – Driving Under the Influence

Summary

A person is guilty of driving under the influence when his or her BAC (blood alcohol content) reaches 0.08 or more.

Elements

In order to be charged with a DUI, the state must prove two things beyond a reasonable doubt:

  1. The defendant drove or was in physical control of the vehicle; and
  2. The defendant was under the influence of alcoholic beverages of controlled substance resulting in the impairment of normal faculties (defined by a BAC of 0.08 or more).

Example

After a night of drinking, a man decides to drive his car home from the bar. During his drive, he gets pulled over for speeding, and is determined by the officer to be impaired (through either a breathalyzer, urine test, or field sobriety test). The officer can now charge the man with a DUI.

Maximum Penalty

In addition to fines, the defendant will have:

  1. License suspension – 6 months to 1 year
  2. Probation – 1 year or less
  3. Community service – 50 hours
  4. Vehicle impoundment – 10 days following the DUI charge
  5. Substance abuse classes
  6. Probation – up to 1 year
  7. Possible jail time – up to 1 year
FACDL Logo
Lead Counsel Logo
America Top 100 Criminal Defense Attorneys
NACDL Logo
NACDL Logo
BV 2019 Logo
Criminal Defense Top 10 Law firms Logo
10.0Tim Michael Flaherty

Call (850) 243-6097 for your free consultation.