DUI (Driving Under the Influence)

Driving Under the Influence is one of the most common crimes prosecuted in the State of Florida.  While a simple first D.U.I.—one with a blood or breath alcohol level below .15 and without property damage—may seem like a minor offense to some, it carries with it a long list of mandatory minimum penalties, including a mandatory adjudication of guilt upon conviction at trial or upon the entry of a guilty or no contest plea.  That mandatory adjudication means that a conviction for DUI will stay on your record forever, except under very rare and exceptional circumstances, like a pardon from the Governor’s office.  It also means that you can never have any other offense, including any felony, sealed or expunged from your record.  For this reason, it is critical that you hire an attorney who is experienced in handling DUI cases, and who is familiar with the continuously evolving body of law that applies to all crimes involving Driving Under the Influence.

A DUI in the State of Florida by Definition: 

Just as it has strict laws mandating the minimum punishment for the crime of Driving Under the Influence (D.U.I.), Florida also has strict laws that define what constitutes the crime of D.U.I. itself.  Florida Statute § 316.193 states that a person can be convicted of DUI one of two ways.  The first way that the State can secure a D.U.I. conviction is by proving impairment.  A person is guilty of D.U.I. if they are in actual physical control of a vehicle while under the influence of alcohol or a controlled substance to the point their “normal faculties” are impaired. “Normal faculties” include the ability see, hear, talk, walk, balance and otherwise perform the mental and physical acts of daily life.  Controlled substances include street drugs, like heroin or cocaine, but oftentimes people are charged with D.U.I. by simply taking prescribed medications which are also controlled substances, like Valium, Xanax, or Adderall.  The anxiety caused by a confrontation with police oftentimes makes it even more difficult to explain that investigating officers are mistaking the side effects of prescribed medication for indicators of impairment.  The second way that the State can convict a person of DUI is oftentimes referred to as “DUBAL,” or Driving with an Unlawful Breath (or Blood) Alcohol Level.  A person can be convicted of D.U.I. if they are driving or in actual physical control of a motor vehicle with a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.  In other words, a person can be convicted of D.U.I. in Florida with no proof that they were impaired whatsoever—the State only has to prove that they were driving or in actual physical control and that their blood or breath alcohol level was over the .08 threshold.

Driving or actual physical control is a critical element that the State must prove in every D.U.I. case—this element is required for all drinking and driving criminal offenses, regardless of if the individual has a blood-alcohol level over the legal limit or their normal faculties are impaired. 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 ready reach or on the driver's person.  For this reason, drivers who pull over to sober up may still be arrested and prosecuted for D.U.I. even though their car wasn’t in motion and they were not actually driving at the time of contact with law enforcement.

Gainesville DUI Information Center:

At the Michael Hines Law Firm, we represent clients in DUI cases that range from:

  • First DUI (under and above .15 BAC; with or without property damage)

  • Second DUI (within 5 years; outside of 5 years)

  • Third DUI (within 10 years; outside 10 years)

  • Drug DUI

  • Marijuana DUI

  • Prescription Drug DUI

  • Underage DUI

  • Boating Under the Influence

  • DUI with Property Damage

  • DUI Serious Bodily Injury

  • Refusal to Submit

  • Second DUI Refusal 

  • Commercial Vehicle DUI

  • DUI Manslaughter

  • Open Container

  • Out-of-State Visitor DUI

  • License Suspension

  • Underage .02 BAC Suspension

  • DUI Field Sobriety Tests (FSTs) 

  • DUI Urine Tests

  • DUI Blood Tests

  • Ignition Interlock Device

  • Soberlink Device

  • Transdermal Alcohol Detector (TAD)

  • Wet Reckless

  • DUI Checkpoints

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 considered a “criminal traffic offense,” punishable in many ways like a misdemeanor. The maximum sentence is 180 days in jail and a $500 minimum fine.  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 blood alcohol content of .08 grams per 100 mL or higher, or a breath alcohol content of .08 grams per 210 liters or higher.

  • Florida law defines the term "normal faculties" to mean control of the types of things a person does daily with little or no thought, including seeing, hearing, walking, talking, judging distances, making judgments, and controlling their movements.

  • DUI is what is referred to as an enhancement or enhanceable offense.   That means that with each successive DUI conviction, the punishment gets worse.  A second DUI within five years of the previous DUI conviction carries with it a mandatory 10 day jail sentence, a maximum jail sentence of 270 days, and a minimum fine of $1000.  A person convicted of a third DUI offense within 10 years of their prior conviction can be charged with and convicted of a felony DUI.  Any fourth DUI conviction is a felony.

  • 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.