Driving under the influence

One of the most frequently charged offenses in Florida is driving under the influence, otherwise known as DUI. In 2023 alone there were 44,185 DUI arrests total according to the Annual Uniform Traffic Citation Report data provided by the Florida Department of Motor Vehicles. Alachua County specifically had 295 DUI arrests that year as well. These high arrest rates show how serious law enforcment agencies are when it comes to operating a vehicle while intoxicated. Officers utilize certain DUI testing tactics including field sobriety tests or chemical DUI testing such as breath analysis, blood analysis or urinalysis so they can be used in court to convict a person of driving under the influence.

Despite these tests possibly producing skewed results, they may used as probable cause for an officer to arrest a person. Florida does allow you to refuse blood and breath tests, but you may still be arrested under the assumption that your refusal is an indicator of guilt.

The statutory penalties for a DUI conviction include expensive fines, community service, classes, rehabilitation, probation and even possible jail or prison time. Depending on the circumstances, your DUI charge could be enhanced to a felony-level crime.

If you or someone you know has been arrested for DUI, don’t wait – contact an experienced DUI lawyer in Alachua County, Florida.

WARNING

You only have 10 (ten) days after your arrest to file for a formal review hearing of your administrative suspension. We help our clients preserve their right to an administrative hearing. We also help our clients obtain a 42-day permit while we fight to invalidate the administrative suspension. There is no downside to contesting the administrative suspension so act quickly to hire an attorney to help you preserve this important avenue of attacking the allegations.

DUI Defense Attorney in Alachua County, FL

The charge of driving an automobile with a blood alcohol concentration (BAC) of .08 or higher can have serious, life-altering consequences. If you have been charged with driving under the influence, your first step should be to retain an experienced attorney. Our criminal defense attorneys have collectively nearly 30 years of criminal law experience.

The attorneys at Galigani Law Firm can be reached at (352) 375-0812.

Galigani Law Firm has an office located in Gainesville, but our attorneys practice throughout the greater Alachua County area including Alachua, High Springs, Newberry, Archer and Micanopy.

Gainesville DUI Information Center

• Definitions for DUI Charges in FL
• Implied Consent Laws in Florida
• Cost of a DUI Conviction in FL
• Common DUI Offenses in Florida
• Potential Penalties for a DUI Conviction
• Defenses to Florida DUI charges

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Definitions for Driving Under the Influence in Florida

Florida Statutes Annotated § 316.193 states a person can only be charged with DUI if they were in actual physical control of a vehicle while under the influence of a controlled substance or alcohol. The driver must be intoxicated to such a degree that their mental and physical faculties are impaired.

Drivers may be intoxicated due to street drugs such as marijuana or cocaine, but many times drivers are charged with DUI after simply taking their prescribed medications. This can happen if your medication has a high or incorrect dosage. Being pulled over is stressful enough – explaining to law enforcement that you don’t know why you’re showing signs of intoxication makes it even harder.

Under Florida law, the bar for intoxication is set based on your mental and physical faculties. These include the ability to see, hear, speak, walk, and balance. The prosecutor may be required to prove that the individual was sitting in the driver’s seat with the car running or with the keys at least in the ignition. If the keys are not in the ignition, then the prosecutor must usually prove that the driver has immediate and easy access to the keys because the keys were in easy reach or on the driver’s person.

Being in actual physical control doesn’t mean you are necessarily driving the car. So that means you could be arrested for DUI even if you weren’t operating the automobile at all. There are many cases of people being convicted of DUI who were intoxicated and simply resting their head on the steering wheel with the keys near or in the ignition. The prosecutor will normally argue that the defendant had the ability and possible intent to drive under the influence and therefore should be convicted.

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Implied Consent Laws in Florida

What you may not know is that by simply driving on Florida’s public roads you are implicity agreeing to submit to chemical DUI tests administered by law enforcement. These are known as implied consent laws and they only apply to breath analysis, blood draws or urine testing in regards to driving under the influence.

However, this doesn’t mean you don’t have the right to refuse DUI chemical testing. You can choose to refuse chemical testing if you’ve been asked to undergo DUI testing by an officer. This is because the prosecution will have no concrete scientific evidence of your intoxication to present to the jury, meaning the case will be much easier to defend. The district attorney may only be able to rely on subjective evidence such as officer eye-witness testimony.

Refusing a chemical DUI test does come with some consequences. When you refuse chemical testing it means you will likely face administrative consequences, which differ from the penalties listed in the Florida statutes. Instead of jail or prison time, your license will be automatically suspended as a result of the refusal. A first-time refusal will result in a year-long administrative suspension and a second refusal would lead to an 18-month suspension. Although a license suspension is frustrating, it’s much easier to deal with a license suspension than the penalties associated with DUI.

In addition, Florida has something known as the “10-day rule” where you have ten days after your refusal to request an administrative license reveiw hearing for your suspension at the Department of Florida Highway Safety and Motor Vehicles (DHSMV). At the hearing you can bring legal representation and contest reasons as to why you should retain your driver’s license. You may be granted a hardship license which is a restricted license where you can only drive for certain specific activites such as essential household chores, commuting to work and taking children to and from school.

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What is the Cost of DUI in Florida?

It’s not just the statutory penalties that are harrowing for a defendant, but the costs associated with DUI can be astounding. Starting with the arrest and booking process many learn it’s not just overwhelming, but also incredibly expensive. If arrested for DUI, you may have to pay:

• Bond funds – $150 – $2,500;
• Towing fees – $100 (Plus additional fees for every day the car is in storage);
• Transportation fees – $15 – $20;
• Vehicle impoundment fees – $150 or more; and
• Lost wages from missed work.

Upon release, you will be forced to face the costs linked to your administrative license suspension. You will have ten days to request a hearing to revise the suspension or obtain a hardship license. If you’re successful with your hearing, then you will likely be granted a restricted license that will limit your driving to only necessary trips such as commuting to work.

The following are the costs associated with fighting your license suspension:

• Administrative fee – $130
• Suspension fee – $45;
• Revocation fee – $75;
• Filing fee for Formal Review – $25;
• DUI program assessment fee – $15;
• Interlock fee for vendor assessment – $12;
• Cost of hardship license – $223; and
• Possible installation of an ignition interlock device – $170 plus monthly payments of $60

In many DUI cases, the defendant is ordered by the court to attend DUI classes. These courses focus on deterring defendants from drinking and driving by showing the long and short-term effects taking substances or drinking alcohol can have. However, these classes are not free. These costs include:

• Level I DUI class – $275;
• Level II DUI class – $420; and
• Substance abuse evaluation and treatment costs.

If you’re granted probation for a DUI charge, then you will have other hidden costs and fees you will have to pay. Some expenses you may be required to pay include:

• Supervision fees – $40 monthly;
• Intake or drug testing – $17 to $20 for each test; and
• Rehabilitation costs.

The last and likely highest cost associated with DUI involves your insurance. Many motor vehicle insurance companies require DUI offenders to file an FR-22 Form after conviction. This is similar to an SR-22 Form and is required after specific criminal convictions. The primary difference is cost; FR-22 insurance requires much higher liability limits than the already elevated SR-22 insurance requirements.

If your license was revoked, then you must file this form to have it reinstated. It will change you from a standard driver on insurance forms to a “high-risk” driver. This means your premiums could skyrocket as a result.

The Florida FR-44 form follows the 100/30/50 liability limits. These limits include:

• Bodily injury liability – $100,000;
• Every re-occurrence – $300,00; and
• Property damage liability – $50,000.

You will have to pay even more fees to reinstate your license other than simply filing a FR-22. You’ll likely be required to pay the following.

• First suspension – $150;
• Second suspension – $250; and
• Third suspension – $500. ‘

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DUI Offenses in Florida

According to Florida Statutes § 316.193, an individual can be charged with any of the following DUI offenses, including, but not limited to:

• Driving Under the Influence – a first DUI is usually considered a second-degree misdemeanor. The charge requires a showing that the person was driving or in actual physical control of a vehicle, was under the influence of alcohol, controlled substance, or other chemical substance, to the extent the driver’s “normal faculties” were impaired.
  Alternatively, an individual can also be charged with DUI if the person was driving or in “actual physical control” of the vehicle with a breath or blood alcohol concentration of .08% or higher. Florida law defines the term “normal faculties” to mean control of the types of things a person does on a daily basis with little or no thought, including seeing, hearing, walking, talking, judging distances, making judgments, and controlling their movements.
• An individual charged with a second DUI can be convicted of a misdemeanor of the first degree. If an individual has been charged with three or more DUI offenses within 10 years of at least one previous conviction, they can be convicted of a felony DUI.

• DUI with Property Damage – This offense can usually result in a misdemeanor of the first-degree conviction, and occurs when an individual drives a vehicle in a manner that causes or contributes to a crash that results in property damage or non-serious personal injury to another person.

• DUI with Death or Serious Bodily Injury – This offense can result in a conviction of a felony of the first, second or third degree, and occurs when the alleged offender has APC of a vehicle, either has a BAC over the legal limit or their normal faculties are impaired by driving under the influence of drugs or alcohol and causes or contributes to causing death or serious bodily injury of another person.

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Penalties for DUI Convictions in Florida

A first-offense DUI conviction can result in:

• Up to six months in jail;
• Up to 50 hours of community Service;
• Vehicle impoundment;
• Mandatory drug or alcohol counseling;
• License suspension; and
• A possible fine of up to $1,000.

A second DUI offense can result in:

• Up to nine months in jail;
• Up to 50 hours of community Service;
• Vehicle impoundment;
• Mandatory drug or alcohol counseling;
• License suspension; and
• Possible fine between $1,000 and $2,000.

A third DUI offense can result in:

• Up to 5 years in prison;
• Up to 50 hours of community service;
• Vehicle impoundment;
• Mandatory drug or alcohol counseling;
• License suspension;
• Ignition interlock device installed; and
• A possible fine of up to $5,000

These punishments can vary depending on the number of prior DUI convictions an individual may have, whether the DUI offense involved death or serious bodily injury to another person, whether the DUI offense involved damage to another person’s property and the level of the individual’s BAC at the time of their arrest.

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Defenses to a DUI Arrest in Gainesville

There are many defenses your experienced criminal defense attorney may be able to use in your particular situation to have your charges reduced or even dismissed. However, these defenses are not applicable in every situation, and it is important to consult with an attorney who will help you determine your best course of action.

Actual Physical Control – Your lawyer may be able to assert you were not in actual physical control of the vehicle at the time you were arrested and charged with driving under the influence. The prosecution has to be able to prove you had APC of the vehicle, but if you were not actually driving the car or an accident occurred, this element to a DUI offense may be more difficult to prove.

Chemical Testing – Your lawyer may want to show your blood, breath, or urine tests were faulty, and do not accurately show your BAC at the time you were charged with the DUI offense. For example: the test may be inconclusive, may have been mishandled or tainted, the person who administered the test may not have been legally permitted to do so, or the test did not show the alleged offender was under the substance at the time of arrest.

Procedural or Constitutional Violations – Other defenses to drinking and driving offenses in Florida can include constitutional violations, such as the arresting officer did not have probable cause to stop your car, the arresting officer did not give you Miranda Warnings or the officer did not warn you of the consequences to refusing chemical tests.

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Resources For Driving Under the Influence in Florida

Florida Statutes Online – This link is to section 316.193 of the Florida Statutes, which defines driving under the influence in Florida and the potential penalties for a conviction. The Florida Statutes contains all of the laws of Florida; Title 23 pertains to all of the state’s motor vehicle laws.

Alachua County DMV Guide – This Florida government website provides access to the state’s DUI laws, resources about Florida’s driver’s licenses and commercial driver’s licenses, information on how to register a vehicle in the state and a means to access an individual’s driving record in Florida.

Alachua County Clerk of the Court – The Clerk of the Court’s website provides access to online court records in Alachua County, resources about the community and court information, and miscellaneous information about Alachua County’s judicial system. The Alachua County Criminal Justice Center is located at:

Florida Highway Patrol – The Florida Highway Patrol (FHP) regulates, controls, directs and patrols traffic on the state’s highways. This website provides information on traffic safety, access to crash reports, and miscellaneous links to traffic-related resources. A local FHP station is located at:

Mothers Against Drunk Driving – This national nonprofit organization aims to prevent individuals from drinking and driving, stop drunk driving, prevent accidents that can result from driving under the influence, and provides support to individuals who are victims of alcohol-related accidents.

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Galigani Law Firm | Florida Driving Under the Influence Attorney

Contact the Galigani Law Firm today for a consultation about your drinking and driving offense throughout Alachua County in Florida. Dean Galigani is a knowledgeable Gainesville criminal defense attorney who will make every effort to help you achieve the most desirable outcome in your situation. For college and high-school students, this means representation in Florida college student disciplinary hearings related to DUI and underage 21 DUI offenses.

Contact an experienced criminal defense attorney in Gainesville, FL, at the Galigani Law Firm. Call (352) 375-0812 for a consultation about your alleged DUI in Marion County, Levy County, Columbia County and Gilchrist County.