{"id":3744,"date":"2019-09-02T14:44:23","date_gmt":"2019-09-02T14:44:23","guid":{"rendered":"https:\/\/scottjkalishlaw.com\/obten-la-mejor-representacion-de-defensa-criminal-en-los-condados-de-broward-palm-beach-y-miami-dade\/conducir-bajo-la-influencia\/"},"modified":"2026-09-17T12:26:21","modified_gmt":"2026-09-17T12:26:21","slug":"conducir-bajo-la-influencia","status":"publish","type":"page","link":"https:\/\/scottjkalishlaw.com\/es\/obten-la-mejor-representacion-de-defensa-criminal-en-los-condados-de-broward-palm-beach-y-miami-dade\/conducir-bajo-la-influencia\/","title":{"rendered":"Conducir bajo los efectos del alcohol"},"content":{"rendered":"\t\t
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Driving Under The Influence (DUI) In Florida\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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In Florida the crime of Driving Under the Influence (\u201cDUI\u201d) is controlled by section <\/span>316.193<\/a>, Florida Statutes.<\/span><\/div>\n
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Under Florida law, a person commits the crime of DUI when they are \u201cdriving or in actual physical control of a vehicle in this state and:<\/p>\n<\/div>\n<\/div>\n

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1.) the person is\u00a0under the influence\u00a0of alcoholic beverages, any chemical substance set forth in \u00a7\u00a0877.111<\/a>, or any substance controlled under\u00a0Chapter 893<\/a>, when affected\u00a0to the extent that the person\u2019s normal faculties are impaired;\u00a0OR<\/p>\n

2.) the person has a blood or breath alcohol level of a .08 or more.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Essentially, you may still be convicted of a DUI\u00a0 even if you refused the breath test. Florida\u2019s DUI law cited above, makes it a crime to drive or be in actual physical control of a vehicle when a person is under the influence of alcohol (or controlled substance) to the extent that their normal faculties are impaired. In short the government does not need a sample of your breath (or blood) to prove you guilty of a DUI. For\u00a0additional context<\/a>\u00a0on how DUI cases are prosecuted and what defenses may be available, this resource provides a detailed explanation.<\/p>\n<\/div>\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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How can I be proven guilty of a DUI in Florida if I refused the breath test?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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In a DUI case, when someone refuses a breath (or blood) test, the government must have additional evidence to prove that you committed the crime. This evidence must be enough to prove that you were under the influence of alcohol (or a controlled substance) to the extent that your normal faculties were impaired.<\/p>\n

Often, the evidence against you will be a combination of police officer testimony and other available physical evidence such as police dash cam\/body cam video of your interaction with the officer, your performance on the Field Sobriety Exercises (FSEs), photos, an open container of alcohol, etc.<\/p>\n

For example, the police officer might be prepared to testify that you had bloodshot and watery eyes, your speech was slurred, and you had the odor of alcohol emanating from your breath. The police officer will probably attempt to back up his opinion that you were impaired with a video showing you performing poorly on the FSEs.<\/p>\n

Proving a DUI without a breath (or blood) test is controversial because alcohol affects everyone differently. Also, there may be innocent reasons why you showed signs that you were under the influence. For example, you may have had bloodshot and watery eyes because you have allergies. And your balance might have been affected due a long term injury or just poor coordination. Maybe your speech sounds slurred or mumbled because you were exhausted from work.<\/p>\n

It is very important for your lawyer to carefully examine the evidence in your case and to determine whether there are weaknesses in the government\u2019s case against you. To do this your lawyer must have a firm understanding of your you and your case.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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How does Florida law define the term \u201cimpaired\u201d?\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Under Florida law, \u201cimpaired means diminished in some material respect.\u201d\u00a0Shaw v. State<\/i>, 783 So.2d 1097 (Fla. 5th DCA 2001). As you probably thought, this definition vague. Suffice it to say, \u201cimpaired\u201d under Florida law is a loose term and it is not one size fits all. Ultimately, each person is likely to have a different opinion as to what makes someone \u201cimpaired\u201d.<\/p>\n<\/div>\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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DUI Penalties in Florida\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A first time DUI is classified as a first degree misdemeanor. Under Florida law, a first degree misdemeanor is punishable up to 364 days in the county jail. The crime of DUI however, is particular because\u00a0Florida law<\/a>\u00a0has\u00a0 a special statutory scheme that establishes the maximum amount of jail time and other minimum conditions for a DUI convictions depending upon your prior record. Below is a breakdown of the maximum penalties and other mandatory sentencing provisions for DUI convictions under Florida law.<\/p>\n<\/div>\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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FIRST TIME DUI CONVICTION PENALTIES IN FLORIDA\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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In Florida, the\u00a0maximum penalties<\/a>\u00a0for a DUI are 6 months in the county jail, a maximum $1,000 fine, up to 12 months of probation, with the following mandatory conditions: DUI School, a substance abuse evaluation and any recommended treatment, 50 hours of community service, a 10 day vehicle impound, and a driver\u2019s license suspension.<\/p>\n

**If you provided a sample of your breath and it was a .15 or higher OR you had a minor in the vehicle then the maximum fine is $2,000, a maximum jail sentence of 9 months, and a 6 month ignition interlock.<\/p>\n<\/div>\n<\/div>\n

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SECOND TIME DUI CONVICTION PENALTIES (MORE THAN 5 YEARS APART) IN FLORIDA<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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If this is your second DUI conviction that is at least 5 years after your first conviction (aka Second Outside of 5) then the\u00a0maximum penalties<\/a>\u00a0for a DUI are 9 months in the county jail, a maximum $2,000 fine, 1 year ignition interlock device, up to 12 months of probation, with the following mandatory conditions: DUI School, a substance abuse evaluation and any recommended treatment, and a\u00a0driver\u2019s license suspension<\/a>.<\/p>\n

**If you provided a sample of your breath and it was a .15 or higher OR you had a minor in the vehicle then the maximum fine is $4,000, a maximum jail sentence of 12 months, and 2 year ignition interlock.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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SECOND TIME DUI CONVICTION PENALTIES (Less THAN 5 YEARS APART) IN FLORIDA\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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If this is your second DUI conviction that is at within 5 years, or less after your first conviction (aka Second Within 5) then the\u00a0maximum penalties<\/a>\u00a0for a DUI are 9 months in the county jail (10 days mandatory minimum in jail), a maximum $2,000 fine, 30 day vehicle impound, 1 year ignition interlock device, up to 12 months of probation, with the following mandatory conditions: DUI School, a substance abuse evaluation and any recommended treatment, and a driver\u2019s license suspension.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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THIRD TIME DUI CONVICTION PENALTIES (MORE THAN 10 YEARS FROM LAST CONVICTION) IN FLORIDA\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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If this is your third DUI conviction that at least 10 years after your last conviction, (aka Third Outside of 10) then the\u00a0maximum penalties<\/a>\u00a0for a DUI are 12 months in the county jail (10 days mandatory minimum in jail), a maximum $5,000 fine, 2 year ignition interlock device, up to 12 months of probation, with the following mandatory conditions: DUI School, a substance abuse evaluation and any recommended treatment, and a driver\u2019s license suspension.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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THIRD TIME DUI CONVICTION PENALTIES (Less THAN 10 YEARS FROM LAST CONVICTION) IN FLORIDA\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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If this is your third DUI conviction that is less than 10 years after your last conviction, (aka Third Within 10) it is considered a third degree felony. Since, this charge is a third degree felony the felony sentencing guidelines apply. In any event, the\u00a0maximum penalties<\/a>\u00a0for a third DUI within three years, are\u00a0 5 years in the prison (30 days mandatory minimum in jail), a maximum $5,000 fine, 2 year ignition interlock device, up to 5 years of probation, with the following mandatory conditions: 90 day vehicle impound, DUI School, a substance abuse evaluation and any recommended treatment, and a driver\u2019s license suspension.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Fourth, Fifth, or Sixth (and so on) TIME DUI CONVICTION PENALTIES IN FLORIDA\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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If this is your fourth, fifth, sixth (or more) DUI conviction\u00a0 it is considered a third degree felony. Since, this charge is a third degree felony the felony sentencing guidelines apply. In any event, the\u00a0maximum penalties<\/a>\u00a0for a fourth, fifth (or more) DUI conviction is 5 years in the prison and up to 5 years of probation, the fine may not be less than $2,000.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Driving under the Influence of Drugs (Controlled Substances) OR Drug DUIs in Florida<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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In addition to alcohol, Florida law makes it illegal to drive under the influence of certain drugs.\u00a0As mentioned above Florida Statutes makes it illegal to drive \u201cunder the influence of [\u2026] any chemical substance set forth in\u00a0\u00a7\u00a0877.111<\/a>, or any substance controlled under\u00a0Chapter 893<\/a>, when affected to the extent that the person\u2019s normal faculties are impaired.\u201d\u00a0\u00a7 316.193(1)(a), Florida Statutes<\/a>.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Therefore, technically a driver may be convicted of a DUI even though they have had zero (0) alcohol in their system. Chapter 893 and section 877 of Florida Statutes contain an extremely lengthy list of drugs that may lead someone to being charged and ultimately convicted of a DUI in Florida. Among the drugs listed, are cocaine, alprazolam, oxycodone, marijuana, and heroin. A full list of the drugs under Chapter 893, Florida Statutes can be found\u00a0HERE<\/a>. A full list of the drugs listed under section 877.111, Florida Statutes can be found\u00a0HERE<\/a>.\u00a0<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Is it a crime in Florida to Drive Under the Influence of Prescribed medication or drugs?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Under Florida law, technically you can be charged with a DUI even if the drugs in your system were lawfully prescribed to you by a doctor. Keep in mind however, law enforcement must prove that the drugs \u201caffected to the [person to the] extent that the person\u2019s normal faculties are impaired.\u201d\u00a0\u00a7 316.193, Florida Statutes<\/a>. It is not enough that you had the drugs in your system, law enforcement must prove that you were in fact \u201cimpaired\u201d.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Is it a crime in Florida to Drive Under the Influence of over the counter medication or drugs?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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As you may probably know certain drugs that you can buy over-the-counter at CVS or Walgreens can have powerful impairing effects. In some cases these over-the-counter medicines may impair someone just as much or more so than illegal drugs. Over-the-counter drugs however, may not alone form the basis of a DUI charge. Therefore, if you have been arrested for DUI and were impaired by an over-the-counter medication alone, you are entitled to a complete dismissal. It is imperative for you to speak to your lawyer and tell him or her this fact.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Common DUI Defenses in Florida\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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If you have been charged with a DUI in Florida you probably have many questions. You are most likely wondering the following:<\/p>\n