Florida DUBAL Charges

Florida, like every other state, has laws regulating an individual's ability to drive while under the influence of alcohol. DUBAL is a relatively new term added by Florida lawmakers to account for drunk drivers. DUBAL is an acronym that stands for "Driving with an Unlawful Blood Alcohol Level."

If you pulled over by police and are facing DUBAL charges, an experienced criminal defense attorney can raise important motions to protect and defend your rights. Contact a Miami criminal defense attorney to stand up for yourself and your rights.

The difference between a DUI and DUBAL charge may seem trivial. The difference comes down to whether the person pulled over by police was compliant with blood alcohol testing.

If you are pulled over in the state of Florida and agree to testing, proceed to blow into the police officer's breathalyzer, and your reading is above the legal limit of .08 blood alcohol content, you will be charged with a DUBAL. Inversely, if you refuse blood alcohol testing during your stop, you will be charged with a DUI. Each crime results in the same basic consequences.

The difference between these two crimes is relatively meaningless, but DUI charges often carry one more consequence that DUBAL charges do not. If you refuse blood alcohol testing, you may face consequences for violating implied consent. Your license will be suspended immediately, whether or not your blood alcohol content was legal, and you will likely be arrested.

Generally, the consequences for DUBAL are similar to that of a DUI, including:

• Up to $250 in fines.
• Up to six months in jail.
• Driver's license suspended for a minimum of six months.
• At least fifty hours community service.
• Up to one year of probation.
• Increased auto insurance rates.

For repeat DUBAL offenders, the consequences are increased. Repeat offenders can face up to nine months in prison, a $1,000 fine, and a license suspension of up to five years.

If you are in the precarious situation of being charged with a DUBAL violation, time is of the essence. You have ten days to file a demand for administrative hearing to the Florida Department of Highway Safety and Motor Vehicles. If you fail to do so, you face long term suspension of your driver's license. A Miami criminal defense attorney can assist you with this matter.

A lawyer can assist you in determining whether the police followed procedures when administering your DUBAL testing. An experienced attorney can raise motions on your behalf, and poke holes in the prosecution's case. Generally speaking, defendants who hire an experienced criminal trial attorney fare better than those who choose to represent themselves. An attorney may be able to reduce the consequences stemming from your DUBAL charges, or have the charges dropped completely.

If you are facing charges of DUBAL in Miami or South Florida, do not speak to police and prosecutors alone. Anything you say will be used against you. Contact a criminal trial attorney with experience in DUBAL cases to speak to police on your behalf.