Understanding DUI: What You Need to Know

Understanding DUI: What You Need to Know

By: Attorney Daveta Williams

Driving Under the Influence (DUI) is a serious offense with significant legal ramifications. It's crucial for every driver to understand what constitutes a DUI, how impairment is determined, and the potential consequences. This blog post aims to shed light on these critical aspects, drawing from key information regarding DUI laws.

What Defines a DUI?

A DUI occurs when an individual drives or is in physical control of a motor vehicle within the state while under the influence of alcohol or a controlled substance, to the extent that their normal faculties are impaired. The term "physical control" is broader than just driving; it can include situations like sleeping behind the wheel with the car powered on but in park, sitting in the driver's seat with the engine off, or even having the keys within reach. This highlights that you don't necessarily have to be actively driving to be charged with a DUI.

What is a Motor Vehicle and Where Does DUI Apply?

The definition of a motor vehicle under DUI law is surprisingly expansive. It broadly includes any vehicle that transports persons or property, such as cars, motorcycles, golf carts, scooters, and motorized wheelchairs. Interestingly, even a bicycle can fall under this definition. Furthermore, the law extends beyond public roads; being under the influence "within the state" includes areas like sidewalks and even your private driveway.

Impairment and Normal Faculties

Central to a DUI charge is the impairment of "normal faculties." These faculties encompass a range of abilities essential for safe driving, including the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, and act appropriately in emergencies. Impairment is typically determined based on alcohol/blood levels and field sobriety exercises. In Florida, an alcohol or blood alcohol level of 0.08 or higher is considered DUI. This level is tested through blood draws or breathalyzers. For individuals under the age of 21, Florida has a Zero Tolerance Law, which lower the limit significantly to 0.02, reflecting a stricter stance on underage drinking and driving.

Consequences of a First-Time DUI

The penalties for a first-time DUI can be severe and life-altering. While minimums vary, common consequences include adjudication of guilt, 12 months of probation, a 6-month driver's license suspension, and a 6-month interlock device requirement on your steering wheel. Additionally, offenders may face a 10-day vehicle impoundment, 50 hours of community service, and a fine of at least $500. It's important to note that these are minimums, and fines and lengths of time can be significantly longer depending on the specific circumstances of the case.

Refusal and Record Sealing

Many wonder if they can refuse field sobriety exercises and breathalyzer tests. While you can refuse, your license can be temporarily suspended as a consequence. Another common question is whether a DUI can be sealed or expunged from your record. Generally, the answer is no, unless the charges have been dismissed. This underscores the lasting impact a DUI conviction can have on your personal and professional life.

Conclusion

Understanding the intricacies of DUI laws is vital for responsible driving. The broad definitions of "physical control" and "motor vehicle," coupled with the extensive reach of "within the state," mean that DUI laws apply in more situations than many realize. The severe penalties associated with DUI charges emphasize the importance of never driving under the influence. If you or someone you know has been charged with a DUI, seeking legal counsel from a qualified DUI lawyer is highly recommended to navigate the complex legal process and personal challenges that arise.