Florida DUI Defense Attorney Evan Kleiman. The Law Offices of Evan M. Kleiman, P.A. will help you find solutions if you have been charged with a DUI in Florida. The penalties for DUI are numerous and complex. The likely punishment if found guilty depends on if you have any prior DUI offenses and have been convicted of any DUIs in the past, and if so, the number thereof. Penalties also depend on the driver’s blood alcohol content (BAC) and whether a minor was in the car.

In addition to jail time, if you are convicted of DUI in Florida, you will be placed on probation, assessed a fine, have your license suspended, amongst other penalties, as well as have a criminal record.

Under Florida Law, a DUI is defined as follows:

An individual is guilty of driving under the influence if he/she is driving or in actual physical control of a vehicle within this state, and:

  1. He/she is under the influence of alcoholic beverages, any chemical substance, or any controlled substance, when affected to the extent that the person’s normal faculties are impaired; or
  2. He/she has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood (over .08 BAC); or
  3. He/she has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath (over .08 BrAC).

Florida DUI Penalties

The state of Florida treats those convicted of the crime of Driving Under the Influence differently; the penalties differ depending on the number of prior DUI convictions and/or the driver’s Blood Alcohol Content (BAC).

As of July 1, 2009, Enhanced penalties apply if the driver’s BAC is .15% or over) (previous to that ,it was .20% BAC) or if a minor was in the vehicle at the time of the offense.

The crime of DUI becomes a 3rd Degree Felony in situations where the driver has previous DUI convictions within a certain period.  If there is serious bodily injury resulting from an accident the DUI becomes a third degree felony.