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Orlando Criminal Attorney > Blog > Criminal Defense > Four Important Facts About DUI Cases in Florida

Four Important Facts About DUI Cases in Florida


Cases involving a charge of driving under the influence (DUI) may seem fairly straightforward. A person is found operating a vehicle when they have a blood alcohol concentration (BAC) level higher than 0.08 percent allowed and law enforcement charges them with a crime. However, there are many nuances to DUI cases in Florida and it is important that all motorists in the state are aware of what these are. Below are four important facts about DUI cases that some drivers may not know.

You Consent to an Alcohol or Drug Test when You Get Your Driver’s License

Many drivers think that they have a right to refuse an alcohol or drug test when an officer asks them to after being pulled over. This is not true. Florida, like most other states, has an implied consent law. This law states that driving is a privilege, not a right, and that upon receiving your license, you agree to abide by the laws of the state of Florida. That includes not driving while under the influence. Under the implied consent law, you have already given your consent to take an alcohol or drug test when asked to by an officer.

Your Driver’s License will be Suspended if You Refuse a Test

Due to the fact that Florida is governed by implied consent laws, the penalty for refusing an alcohol or drug test is a suspension of your license. The length of time the suspension depends on your history with DUIs. Keep in mind that these penalties only apply to alcohol and drug tests, not field sobriety tests.

You Do Not Have to be Driving to Get Charged with a DUI

Many people do not understand that you do not have to be driving your vehicle in order to be charged with a DUI. You only have to be in control of the vehicle. As such, if you drink too much and wish to sleep it off in your car, do not sleep in the driver’s seat and do not have the keys on you. For example, if you sleep in the passenger’s seat and leave the keys in the back, it would be difficult for the prosecution to prove that you were in control of the vehicle.

You May be More Intoxicated Than You Think

Just because it takes your friend five drinks before they are legally intoxicated does not mean the same holds true for you. Additionally, just because you do not feel intoxicated does not mean that you are not over the legal limit. For this reason, it is always best to avoid driving any time you have been drinking so you can avoid DUI charges.

Our Florida DUI Lawyers can Help You Beat the Charges

Being charged with a DUI is scary, but it is not hopeless. If you are facing these charges, our Orlando criminal lawyers at O’Mara Law Group can help. We know how to build the solid defense you need to avoid jail time or beat the charges altogether. Call us today at (407) 634-6604 or contact us online to arrange a consultation with one of our attorneys.

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