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Being arrested for DUI can be a horrifying experience, not only for the arrested, but also for their friends and family. This is especially true when there's been an accident, injury, or fatality.
DUI's are classified many different ways by many different people in our society. Some consider it one of the most egregious crimes one could commit, others consider it insignificant. However, no matter how the crime is viewed, the consequences can be severe.
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Mandatory Sentencing and Adjudication
Florida, like most states and even countries throughout the world, continues to take a harder approach in the way it treats people arrested for DUI. Penalties have become stiffer, fines have increased, driver's license suspensions have become lengthier with less work permits being available, and jail and prison sentences have become longer. Florida, like most states and many countries have mandatory sentencing schemes. Florida's sentencing scheme, like most states, takes much of the discretion away from the trial court judge as to what sentence the court may impose upon a Defendant found guilty of the offense of DUI. Depending upon whether it is a first offense, second, third, fourth etc., or whether someone was injured or killed, the Florida Legislature mandates the minimum sentence which can be imposed as well as the maximum which may be imposed.
If convicted of a DUI in Florida, the Defendant shall (must) be adjudicated guilty of the offense of DUI if they plead to the offense or are found guilty by a judge or jury. Adjudication of guilt means that the person has been found guilty and is adjudged guilty and will always be convicted of the offense of DUI. This mandatory adjudication for a DUI carries with it adverse effects; such effects include: an increase in automobile insurance rates, potential problems in renting an automobile; problems with obtaining certain types of employment; it may cause the termination of certain types of employment; and it may create future potential liabilities for others who knowingly allow or request a person convicted of a DUI to operate a motor vehicle under their supervision or direction.
In addition to the mandatory adjudication, additional sanctions include community service hours and immobilization of the vehicle that was used in the commission of the crime. This immobilization occurs regardless of whether or not the defendant owns the vehicle. Additionally, there are mandatory minimum fines depending on the number of prior DUIs, mandatory court costs, mandatory jail sentences if it's a second or third DUI depending on the date of the priors, mandatory license suspensions, (both by the Department of Motor Vehicles and by the court), depending on the number of prior DUIs, and mandatory treatment and aftercare.
Notwithstanding the sentences the court must impose, the judges also have a lot of discretion in imposing other types of sanctions. Judges, like lay persons, have different views about crimes and punishment. Many judges will impose jail after a trial and many judges will impose additional sanctions which they believe will serve as a deterrent to the offender from ever getting behind the wheel of a car impaired again. Other judges attempt to send a message to the community to prevent one from committing a DUI.
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Alcohol and Controlled Substances
It's important to note that it's not just alcohol that could cause a person to become impaired to the extent that they can be charged with the offense of DUI. A person could be charged with being under the influence of a controlled substance, either medication or an illegal drug. Many people today are charged with being under the influence of both alcohol and controlled substances and law enforcement officials are becoming more experience and better trained to detect when people are under the influence of controlled substances. In fact most police departments today have special DUI Task Forces where officers are specially trained and their cars are equipped with video and audio to record Defendants for court room presentation.
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Sobriety Testing and the Privilege of Driving
Driving is treated under the law as a privilege, not a right. Due to such treatment it can be revoked upon disobeying the law. This privilege will be revoked when someone is under the influence of alcohol or a controlled substance to the extent his or her normal faculties are impaired. Such faculties are impaired when one can't pass the minimum requirements set out by law and shall be arrested and prosecuted.
When a person exercises their privilege to drive in the State of Florida, they are agreeing that the operation of a motor vehicle constitutes consent to any sobriety test required by law. These tests usually are the breath and/or urine test to determine the amount of alcohol or controlled substance in one's body.
In Florida the illegal limit of breath alcohol content or blood alcohol level is .08 or above and any amount of controlled substance in your system to the extent your normal faculties are impaired. Impairment for alcohol or drugs when there is no chemical testing, i.e. blood, breath or urine, becomes subjective to the arresting officers. Therefore, absent scientific chemical testing, normal faculties are based on observation, which makes the offense of DUI an opinion crime. Therefore one could be arrested, prosecuted and convicted based solely on another's opinion of the facts and circumstances which were observed.
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If you have been arrested for DUI it is important that you consult an attorney as soon as possible, preferably an attorney with a great deal of expertise in the area of DUI defense, as they will be able to assist you in getting through a difficult ordeal. Driving under the influence is a serious crime with serious consequences and is viewed that way by the courts, the judicial system and law enforcement.
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****The foregoing is not intended as an exhaustive review of D.U.I. law in Florida. This information is not to be regarded as legal opinion applicable to all circumstances. Each factual scenario is different and requires unique and individual advice. The information provided herein should not be relied upon and any person with inquiry or concern should consult an attorney.
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