What Is Involved in DUI Law in Florida

As a DUI attorney in Sarasota who has handled DUI cases for many years, Jeff Haynes explains that if you've been charged with operating a vehicle under the influence of drugs or alcohol in Florida, you are probably concerned about the possible ramifications.

Speaking from my own experience, Florida has some of the toughest DUI laws in the United States. Therefore, you have good reason to be nervous if you've been charged with a DUI in Florida. In fact, Florida is among the worst states in which to find yourself charged with a DUI. The reason is that not only are Florida's definitions of DUI extremely broad, the penalties for DUI convictions are also quite steep.

Broad Definitions of DUI

DUI is defined as driving a motor vehicle under the influence of alcohol or drugs in most states. But in Florida, it's possible to be charged with and convicted of DUI without ever having set your vehicle in motion. In fact, you don't even need to have turned on the ignition. According to Florida's DUI laws, you can be charged with driving under the influence if you are either a) operating a motor vehicle under the influence of alcohol or drugs or b) in what's called "actual physical control" of a motor vehicle while under the influence. This means that if you're in a vehicle and that vehicle is in a condition that would allow it to be operated by you (e.g., you are sitting behind the wheel with the keys in your lap), you can be arrested and charged with a DUI.

When it comes to examples of actual physical control cases, they range from "sleeping it off" in a bar parking lot to passing out at a stoplight. Regardless of whether you're actively operating a vehicle while intoxicated, as long as you're in a position to do so, you can be charged. In addition, there are a number of other substances – literally hundreds – with the potential to affect your ability to safely operate a vehicle, according to the law. Many medications, even those prescribed by your doctor, have the potential to render you legally "impaired."

In Florida, penalties for DUI have always been tough. But recently, penalties for a charge commonly referred to as "DUI manslaughter" have gotten even tougher. When an individual, while driving under the influence of alcohol or drugs, is responsible for an accident that results in someone's death, he can be charged with DUI manslaughter – a felony offense. A recent statute imposed a mandatory four-year prison sentence on anyone convicted of DUI manslaughter. This statute is a big deal, as I can't think of another state with a minimum prison sentence for DUI.

Remember, any DUI case in Florida could potentially result in jail time. Sometimes even if your DUI case doesn't involve an accident, you could still face very stiff penalties, including jail time. That is why I recommend seeking help from an attorney as quickly as possible after your arrest. Most people simply don't understand the importance of hiring an attorney when they're charged with DUI. If you don't hire an attorney, you're forfeiting any opportunity you might have to contest the charge as well as waiving any possible legal defenseyou might have.