Because drunk driving is so dangerous, the penalties for a DUI/DWI conviction or underage drinking are quite harsh in Florida. Our state is serious about curbing injuries and deaths from alcohol and drug-related crashes.
At Avera & Smith, our Gainesville DUI lawyers have defended hundreds of clients against DUI/DWI, underage drinking and similar charges. We pride ourselves on having significant criminal jury trial experience as well as an extensive knowledge of the law, trial preparation and technique.
Prosecuting A Drunk Driving Case In Florida
Under Florida law, a DUI (driving under the influence) or DWI (driving while impaired) can be prosecuted by either of two different methods:
- Proving impairment of normal faculties
- Proving a blood alcohol or breath alcohol level (BAC) of .08 or above
You may be surprised to know that there is no “legal limit” for driving with alcohol in your system. The state of Florida can actually prosecute you for DUI even if your BAC is under .08 or if you refused to provide a breath or blood sample. All it has to do is prove that your normal mental faculties were impaired.
Was Your Driver’s License Suspended? Were Your Rights Upheld?
If you refused to provide a breath sample upon request of law enforcement and your license was suspended, you have only 10 days from your arrest date to challenge the administrative suspension.
Additionally, law enforcement is obligated to follow certain rules in DUI traffic stops and arrests. Our law firm can fully investigate and determine if those rules were followed in your case. If they were not, we may be able to get the charges against you reduced or dismissed.