Driving Under the Influence (DUI)
Under Florida Statute 316.193 a person is guilty of the offense of driving under the influence and is subject to punishment if the person is driving or in actual physical control of a vehicle within this state while under the influence of alcohol to the extent their normal faculties are impaired or if their blood alcohol content is above .08 or more grams of alcohol per 210 liters of breath. Just being behind the wheel of an automobile with the keys in the ignition can be enough to establish actual physical control. Driving under the influence can be charged as either a felony or misdemeanor, depending upon your prior record or if the police or Prosecutor allege that there were serious injuries or death involved during the commission of the offense. Refusing to take a breath test a second time can be a first degree misdemeanor.
When you are arrested for DUI, your license is automatically suspended by the Department of Motor Vehicles. You can challenge this suspension, but must do so within ten days of your arrest. This suspension is completely independent of the criminal case (you can win one and lose the other).