Understanding what a Jacksonville DUI truly is can help you get a better understanding of your rights within the state of Florida. Every state has different laws in regards to what is considered to be driving under the influence. The same can be said for the associated penalties that come along with drunk driving within the state. If you are driving under the influence of alcohol, you have certain rights to protect you in the event that an officer believes you are truly under the influence of alcohol.
The Implied Consent
When you get your driver’s license in the state of Florida, you are agreeing to abide by the state’s laws regarding driving under the influence of alcohol. This started with the “Implied Consent Law.” The “Implied Consent Law” in regards to a Jacksonville DUI is signed on the day that you receive your license. You agree when you get your license to take certain tests to determine if you are driving under the influence as soon as you get it.
These tests consist of a blood test, urine test, as well as a breathalyzer test. These three tests can be used by law enforcement to determine whether you are driving under the influence of alcohol. A Jacksonville DUI case is going to be largely built around whether or not you fail any of these tests. If you refuse to take any of these tests, you are automatically penalized.
Refusing to Take a Test
Refusing to take a blood, urine, or breathalyzer test upon request in the state of Jacksonville comes with immediate consequences. The law in terms of the “Implied Consent Law” states that you will have your license suspended for one year if you refuse to take any of these tests when asked of you. If you are pulled over and an officer suspects a Jacksonville DUI, they can ask you to take this test. Refusing brings upon the penalty. The penalty is increased to 18-months if you refuse for a second time.
Other Penalties in Florida for a Jacksonville DUI
There are plenty of other penalties in the state of Florida for a Jacksonville DUI. The first offense includes a fine anywhere from $250 to $500. There is also a penalty for 50-hours of community service that will be required, and probation for up to one year. You may also be placed in prison for not more than six months, and have your license revoked for a period that will be at least 180-days. If you are driving with a blood alcohol content of .08 or higher with a minor in the car, you are required to be in prison, but not for more than nine months. A requirement for DUI school is also in place for a period of 12-hours.
A Jacksonville DUI is no laughing matter. There are laws that require you to not only abide by the blood alcohol content rules, but also to take tests to determine if you are driving under the influence, when asked. Knowing the law can help ensure that you abide by it and are represented fairly if you face a DUI charge.