Traffic Tickets Archives

by Brandon F. Jones, EsquireSeptember 24, 2025 Traffic Tickets0 comments

Florida’s Zero-Tolerance Policy for Underage DUI: What Young Drivers Need to Know

According to Jacksonville.com, the Florida Highway Safety and Motor Vehicles (FHSMV) says the state is home to 456,754 teen drivers. Nearly half (205,000) of these teen drivers (aged 15 to 19) had a learner’s license as of May 2024.

As a teen driver in Florida (or a parent of one), it’s crucial to remember that driving is a privilege, not a right. Committing driving errors, especially breaching the state’s zero-tolerance policy against driving under the influence (DUI), can lead to a loss of such privilege. Worse, underage DUI cases that cause death or injury can result in criminal charges.

In this guide, the team of legal professionals at RHINO Lawyers will share insights into teen driving laws in Florida. Read on to discover DUI penalties for minors and how legal help for underage DUI can safeguard their privileges and future.

What Is Florida’s Zero-Tolerance Policy?

Florida’s zero-tolerance policy is for underage drivers (anyone under the age of 21). It’s part of Florida Statutes Title XXIII Chapter 322.2616. Under this law, it’s unlawful for anyone under the age of 21 to drive or be in actual physical control of a motor vehicle if their breath-alcohol or blood-alcohol level (also called blood alcohol content or BAC) is 0.02 or higher.

BAC is a unit of measure for the amount of alcohol in an individual’s bloodstream.

What Does It Take to Reach a BAC of 0.02?

As this chart from Healthline shows, all it takes to get a BAC of 0.02 is one standard drink. However, a standard drink can result in a higher BAC, depending on the person’s gender. Women can have a higher BAC than men after consuming the same alcoholic beverage due to factors like:

Having a lower body water content
Hormonal fluctuations
Fewer alcohol-metabolizing enzymes in the liver and stomach

Weight also plays a role; the less a person weighs, the higher their BAC can get.

According to Alcohol.org, one standard drink for BAC measuring purposes is equivalent to:

One 12-ounce beer with a 5% alcohol by volume (ABV) content
One glass of 5-ounce wine with a 12% ABV content
A 1.5-ounce shot of liquor with a 40% ABV content

The only thing that can lower a person’s BAC is time. Not drinking anything containing alcohol is the only way to keep one’s BAC at 0.0%.

It’s also vital to note that in Florida, one can get charged with DUI even without drinking alcohol. Having traces of illicit drugs in one’s system, such as LSD or ecstasy, is an example.

What Are the Consequences of Underage DUI Cases in Florida?

Underage DUI can result in both administrative and criminal charges. Based on the circumstances surrounding the charge, it may only result in license suspension, but for more severe cases, hefty legal fines may also apply. The severity of the punishment and penalty also depends on whether it’s a first or subsequent DUI offense.

License Suspension

Under Florida Statutes Title XXIII Chapter 322.2616, a first-time underage DUI case involving a BAC of 0.02% will result in the immediate suspension of one’s license for six months. A one-year suspension will apply if it’s a teen driver’s second offense.

If a teen driver refuses to submit to a lawful breath test, they will have their driving privilege suspended for one year if it’s their first offense. The suspension increases to 18 months if it’s their second offense and they’ve refused to undergo a lawful breath test during their first underage DUI case.

Legal Fines

Drivers under 21 caught driving under the influence may also face monetary fines. Depending on the specifics of the charge, they may have to pay anywhere from $500 (e.g., if their charge involves a BAC of 0.02%) to $2,000 (for a BAC of 0.08% or higher).

Completion of a Substance Abuse Course

A minor driver caught driving with a BAC of 0.05 or higher will have their license suspended until they complete a state DMV-licensed DUI program for a substance abuse course. The offender will shoulder the cost of this course. The DMV will not reinstate the driver’s license unless they complete the program.

A law enforcer who catches and proves that a teen driver under 18 was driving with a BAC of 0.02 or higher may also take the offender to an “addiction receiving facility” in the county where the minor was driving.

Criminal Charges

Florida’s zero-tolerance policy doesn’t impose criminal charges on teen drivers unless their BAC is 0.08 or higher. In this case, they may face imprisonment in a county jail and provide hours of community service.

Underage DUI cases that result in property damage, bodily injury, or death may also lead to misdemeanor or felony charges.

What Should Teens and Parents Do About an Underage DUI Case?

Defenses are available for DUI traffic violations for teens in Florida, making it possible for you or your child to avoid criminal convictions. The key is to partner with a highly experienced and skilled attorney who focuses on underage DUI defense.

A DUI lawyer in Florida can help teen drivers and their parents avoid the long-term implications of underage drinking and driving by either getting the charges dropped or reducing the consequences of DUI convictions. They will gather and review evidence, including the results of the breath and field tests and the procedures taken by the involved law enforcement officers. They will also help you understand all available legal options, such as:

Plea bargains
Entering diversion programs
Taking the case to court and fighting the charges

The last option is typically viable if the lawyer identifies any errors in the tests or procedures done. Either way, they’ll conduct a thorough and careful examination of all the facts to fight the conviction and prevent one mistake from affecting a teen driver’s entire future.

Partner With RHINO Lawyers for an Underage DUI Case

An underage DUI conviction can have lifelong implications and consequences on a teen driver’s future. Prevent these by partnering with highly experienced and skilled DUI attorneys.

At RHINO Lawyers, we have decades of combined experience in successfully representing and defending clients facing traffic and criminal charges. We will do the same for you or your child facing a DUI conviction. Let us help you protect your or your teen’s future with our skills, expertise, and in-depth knowledge of Florida road laws.

Speak with us today for a free video consultation and case review!

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.

Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.

by Brandon F. Jones, EsquireSeptember 17, 2025 Traffic Tickets0 comments

Navigating Florida’s Open Container Laws: What Drivers Need to Know

Florida’s vehicle open-container law creates a noncriminal traffic violation under state law. A driver’s violation is treated as a moving violation, while a passenger’s violation is treated as a nonmoving violation. Separate DUI or other criminal charges can arise when additional facts support them, but possession of an open container does not by itself make the state-law violation a crime.

Drinking in moderation is alright, provided you do so at the right time and in the right place. In Florida, for instance, drinking in the wrong place, such as a car (even a parked one), can be a breach of open container laws. Depending on the circumstances surrounding the case, you may find yourself facing hefty fines and even jail time.

In this guide, the experienced legal professionals at RHINO Lawyers will explore Florida drinking regulations and traffic violations. Read on to discover facts about getting caught with an open container of alcohol in the state.

Open Container Laws in Florida

According to Bankrate’s 2025 drunk driving statistics, data from the National Highway Traffic Safety Administration (NHTSA) reveals that around one person dies every 39 minutes in the U.S. due to drinking and driving. Each year, over 11,000 people lose their lives as a result of drunk driving incidents. Bankrate also cited statistics for Florida: In 2022 alone, the state had 3,530 alcohol-related traffic fatalities, the third highest among all states.

Given the deadly consequences of driving under the influence of alcohol, Florida enforces strict alcohol-related driving laws.

Florida Statutes Title XXIII Chapter 316 Section 1936 governs the state’s open container laws. By law, an “open container” refers to any container containing an alcoholic beverage that a person can immediately consume from or has a broken seal.

Any person in Florida possessing an open alcoholic beverage container while driving or operating a vehicle is in breach of this law. The same goes for a passenger.

Florida’s road-related alcohol consumption laws consider an open container of an alcoholic beverage to be in someone’s possession if the person has physical control over it or if it’s not in:

A locked glove compartment
Locked trunk
A locked non-passenger section of the motor vehicle

In short, alcohol consumption laws in Florida prohibit people who are either driving, in physical control, or a passenger of motor vehicles from possessing, consuming, or transporting alcohol in unsealed containers that are not locked away.

What About Parked Vehicles?

Florida’s open container laws also make it illegal to have open containers of alcoholic beverages in a car parked in a place open to public travel. Examples include but are not limited to:

Alleys
Streets
Highways
Sidewalks
Bridges
Tunnels

If you’ve parked your vehicle on private property (e.g., a private driveway or garage), you can drink while sitting in the parked car.

Are There Exceptions to Florida’s Vehicle Open-Container Law?

Yes. Florida Statute §316.1936 contains specific passenger exceptions.

The statute does not apply to:

a passenger in a vehicle when the driver is operating under a contract to transport passengers and holds the required commercial driver license with a passenger endorsement;
a passenger on a bus whose driver holds the required commercial driver license with a passenger endorsement; or
a passenger in a self-contained motor home longer than 21 feet.

Florida law also provides that a properly sealed alcoholic beverage transported under specified restaurant and alcoholic-beverage licensing statutes is not an “open container” for purposes of §316.1936.

These exceptions should be evaluated under the exact facts rather than assuming every commercial or for-hire vehicle automatically qualifies.

Florida Open-Container Penalties

Under §316.1936, a driver who violates Florida’s vehicle open-container law commits a noncriminal moving traffic violation.

A passenger who violates the law commits a nonmoving traffic violation.

Chapter 318 currently establishes a $60 base penalty for ordinary moving violations that do not require a mandatory appearance and a $30 base penalty for nonmoving traffic violations. Court costs and other lawful assessments may increase the total amount due.

A county or municipality may adopt an ordinance imposing more stringent restrictions than the statewide open-container statute, so local law may also need to be checked.

An open container may also lead an officer to investigate possible DUI, but an open-container citation and a DUI charge are separate legal issues.

What to Do When Facing an Open Container Violation

Suppose you or someone you care about is facing a charge for violating open container laws in Florida. In that case, the first step is to seek professional legal advice from a highly experienced DUI defense attorney.

A DUI defense lawyer will inform you of all your rights and potential defenses for an open container violation. They’ll review all the facts, evidence, and circumstances surrounding the incident. They’ll then use their findings to develop the best course of action, which may involve challenging the charges or negotiating a plea deal.

Possible defenses depend on the facts and the statutory elements. Issues may include whether the container legally qualified as open, whether it was actually in the driver’s or passenger’s possession under §316.1936, whether a statutory passenger or motor-home exception applied, and whether evidence resulted from an unlawful search or detention.

A BAC below .08% does not, by itself, defeat an open-container violation because intoxication is not an element of §316.1936.

RHINO Lawyers Can Help

Open container laws in Florida exist to help with public safety and mitigate the dangerous, even deadly consequences of drunk driving. However, individuals charged with violating these rules still have the right to due process. In some cases, law enforcement officers may inaccurately charge them or even conduct illegal vehicle searches.

RHINO Lawyers can help if you or a loved one is facing a charge or conviction for violating Florida’s open container laws. Our attorneys have decades of combined experience in handling and representing individuals who’ve been in the same situation. We’ll use our knowledge, expertise, and skills to fight for and protect your rights and achieve the best possible outcome.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by Brandon F. Jones, EsquireSeptember 10, 2025 Traffic Tickets0 comments

The Impact of Traffic Violations on Out-Of-State Drivers in Florida

According to VISITFLORIDA.org, Florida welcomed 143 million visitors in 2024, 1.6% more than in 2023. Most folks who visit the Sunshine State do so through non-air transportation, including travel by car. In 2023 alone, 60.1% of the state’s visitors (excluding residents) came via non-air means.

If you also plan to visit the Sunshine State by car, whether for pleasure as part of your road trip or business purposes, it’s best to familiarize yourself with Florida driver’s license requirements for out-of-state motorists and violations. Otherwise, you risk dealing with traffic violations that can impact your driving record in your home state.

The legal professionals at RHINO Lawyers have shared insights into Florida traffic violations and driver’s license requirements for out-of-state drivers in this guide, so read on.

Florida Driver’s License Requirements for Out-of-State Motorists

One of the most crucial driver’s license requirements for out-of-state drivers wishing to operate a vehicle on Florida roads is to have a valid driver’s license that satisfies Florida laws. A motorist caught without a valid driver’s license can face the following penalties, as stated in Florida Statutes Section 322.03:

First conviction: A second-degree misdemeanor
Second conviction: A first-degree misdemeanor
Subsequent convictions: A first-degree misdemeanor, including a mandatory jail time of 10 days

In Florida, misdemeanors are punishable by imprisonment and fines (Florida Statutes Section 775.083 and 775.082). A second-degree misdemeanor can lead to jail time of up to 60 days, a fine of $500, or both. The imprisonment term for a first-degree misdemeanor lengthens to a maximum of one year, a fine of $1,000, or both.

Florida driving laws also prohibit specific types of out-of-state driver’s licenses. According to the Florida Highway Safety and Motor Vehicles (FHSMV), the following are no longer valid in Florida.

Drive-Only (DO) Licenses Issued in Connecticut

Connecticut issues DO licenses specifically to undocumented individuals 16 years or older who can’t establish their lawful presence in the country. They allow individuals to drive in Connecticut and buy auto insurance legally, but they aren’t valid for voting or federal identification purposes.

In Florida, DO licenses aren’t valid. Holders can’t present them to law enforcement officers who require them to present or show a “valid driver’s license.”

Delaware Driving Privilege Cards (DPCs)

The Delaware Division of Motor Vehicles (DMV) issues DPCs to undocumented Delaware residents of any nationality (except U.S. Citizens and people with valid legal presence documents). DPCs allow their bearers to drive legally, but only within Delaware.

Delaware DPCs are not valid forms of identification. Florida also considers them invalid forms of driver’s licenses. Out-of-state drivers from Delaware who can only show a DPC if asked to produce a driver’s license may therefore face Florida traffic violations.

How Traffic Violations in Florida Affect Drivers From Other States

Traffic violations committed in Florida by out-of-state drivers can affect their driving record back in their home state. A traffic ticket issued in Florida to a motorist who holds an Alabama license, for instance, can reflect on the Alabama driver’s record, resulting in increased driving record points. The DMV of the offending driver’s home state will know about the offense through the Driver License Compact (DLC)

What Is the DLC?

The DLC is an agreement between participating states. As members, states share information about traffic violations and offenses committed by non-resident drivers.

How the DLC Works

If a driver licensed in one DLC state receives a traffic ticket in another member state, the state where the offense occurred will communicate with and inform the driver’s home state about the violation. The home state will then treat the out-of-state offense as if it happened within its borders.

What Actions Can DLC Member States Take?

In addition to points, DLC member states can take more severe actions against their residents who commit traffic violations in another DLC state. An example is a license suspension.

Many traffic violations in Florida can lead to a license suspension, with repetitive distracted driving being one of them, such as subsequent or multiple offenses involving texting and driving. Given that this type of distracted driving can lead to crashes that can cause severe injuries, even death, Florida has stringent laws governing it. Aside from fines, it can lead to racked-up points, which can ultimately warrant a license suspension.

If you get caught texting while driving in Florida, your home state will know about it and apply the appropriate points to your record. If your total driving points reach 12, your home state’s DMV will suspend your license.

Fighting Traffic Fines to Reduce Traffic Penalties

If you or someone you care about is facing hefty fines and penalties due to a traffic violation as an out-of-state driver in Florida, you have legal options to fight it. You can contest it in person, or better yet, hire a highly experienced traffic attorney to help you navigate the complexities of Florida’s traffic laws and DLC regulations.

At RHINO Lawyers, our team consists of seasoned attorneys who focus on traffic tickets. Throughout our years in service, we have helped thousands of motorists get their tickets dismissed and their penalties and fines reduced. Reach out to our legal team today if you or a loved one is facing a charge for violations involving:

Speeding
Stop signs
Red light
Careless driving
Toll violation

Our lawyers are also highly experienced defense attorneys for traffic misdemeanors and felonies. We’ve won cases for other clients who were in a similar situation to yours, and we’ll strive hard to achieve the same favorable results for you.

Get Exceptional Legal Help for Traffic Violations in Florida

Now that you know more about Florida driver’s license requirements for out-of-state motorists and violations that can follow you back to your home state, the next step is to ensure you can legally operate a vehicle on the Sunshine State’s roads. However, if you or someone you care about has already become the subject of a traffic violation in Florida, it’s time to lawyer up.

Let the attorneys at RHINO Lawyers, who have decades of combined experience, represent you and protect your rights. We stand by our motto, “No Court. No Points. Or Your Money Back.” We’ll help you fight your traffic ticket so you can keep your driving points down and your record clean.

Talk to us today for a free consultation and case review!

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by Brandon F. Jones, EsquireSeptember 3, 2025 Traffic Tickets0 comments

How to Challenge Radar and Laser Evidence in Florida Traffic Cases

In 2020 alone, over 2 million citations were given to Florida drivers, according to Safer America.

When you’re issued a speeding ticket in Florida, chances are the officer used either a radar or laser device to measure your speed. While this technology is standard in traffic enforcement, it’s not without faults. The radar’s reliability can be questioned if you want to avoid heavy penalties.

Read on to learn more about fighting a Florida traffic violation.

How Radar and Laser Devices Really Work

Radar and laser speed detection devices are the most common tools used by Florida law enforcement officers to measure vehicle speed.

Radar devices operate by emitting bouncing radio waves. It calculates speed based on the frequency change. Such devices can be used from a moving or stationary patrol car and are capable of tracking multiple vehicles at once.

Laser devices, also known as LIDAR, work by sending out a narrow beam of light aimed at a specific part of the vehicle, such as the front grill or license plate. The device measures how long it takes for the light to reflect, and then estimates the speed based on that data. Laser devices are often used from stationary positions and are known for their precision.

However, missteps in the following can happen:

Usage
Maintenance
Calibration

Radar Evidence and Its Vulnerabilities

Radar-based citations can be contested when the equipment is not properly calibrated or maintained. Florida law requires regular testing and certification of radar devices, and a lack of documentation can make the results inadmissible.

Another issue arises when multiple vehicles are present within the radar beam’s range. Because radar waves can reflect off more than one object, it can be difficult to prove that your vehicle, and not another, was responsible.

The officer’s training and certification also play a major role. Florida traffic laws require that officers operating radar devices be properly trained and certified.

If the officer lacked updated credentials or if their procedures didn’t align with required standards, a defense attorney can argue that the evidence is flawed. Plus, environmental conditions can interfere with the radar, such as:

Rain
Fog
Surrounding traffic

Weaknesses in Laser-Based Traffic Violations

Laser evidence, although more precise than radar, still has its weaknesses. For laser readings to be accurate, the officer must aim the device precisely and keep it steady.

If the officer’s aim was off by even a small amount, or if they were too far from the vehicle, the speed reading could be wrong. Errors in aiming or stability are common issues that can be used in a legal defense.

Laser devices, like radar units, must also be calibrated and maintained regularly. If the device wasn’t tested according to Florida’s legal standards, or if there’s no record of proper maintenance, a court may rule that the results are unreliable.

Officers are also expected to have an unobstructed line of sight and follow specific procedures when using laser equipment. Interference from roadside obstacles, other vehicles, or poor visibility conditions may undermine the credibility of the reading.

Legal Strategies to Challenge Radar and Laser Evidence

Challenging radar and laser traffic violation evidence begins with examining how the equipment was used and maintained. An attorney can request the maintenance and calibration records of the device used during the traffic stop. If those records show lapses in upkeep or outdated certifications, the reading’s validity may be called into question.

Officers who issue citations based on radar or laser must also meet certain qualifications. Your legal defense may include verifying whether the officer had the necessary training and certification at the time of the citation. If not, the evidence they gathered may not meet the legal standards required for a conviction.

An experienced attorney can also review the circumstances of the stop. They may uncover inconsistencies in the officer’s report, such as:

Unclear identification of the targeted vehicle
Obstructed views
A lack of procedural documentation

Such discrepancies may lead the judge to question whether the reading was accurate or whether the citation was issued appropriately.

In some cases, it may be helpful to involve expert witnesses who understand the technical aspects of radar and laser technology. Professionals can explain to the court how inaccuracies might occur, particularly under specific environmental or procedural conditions. Their insights can be essential in creating reasonable doubt about the evidence.

The Vital Role of Florida Traffic Laws and the Burden of Proof

The burden of proof is on the state when it comes to traffic cases. That means the prosecution must prove that you violated the law and that the radar or laser evidence is credible and admissible.

The case against you may fall apart if your attorney can show that the equipment was:

Mishandled
Not maintained
Operated incorrectly

By focusing on the weak points of the radar traffic violation evidence, your defense can highlight reasonable doubt.

Why RHINO Lawyers Is the Perfect Choice

The legal team at RHINO Lawyers focuses on Florida traffic ticket defense and has extensive experience dealing with radar and laser-based citations. Their attorneys understand the following:

How these devices work
What laws govern their use
How to pinpoint errors in the process

Unlike firms that treat traffic citations as low priority, RHINO Lawyers understands the serious consequences these tickets can bring. From rising insurance rates to points on your license or even suspension, a single violation can have long-term effects. That’s why RHINO Lawyers takes a far-sighted and aggressive approach to helping you avoid traffic violation penalties.

It’s Time to Fight a Florida Traffic Violation

Why accept the consequences of a Florida traffic violation when you can fight for your rights?

With RHINO Lawyers on your side, you receive dedicated legal representation focused entirely on your traffic case. We focus on both personal injury and criminal defense.

Our team has decades of combined experience and will investigate every element of your citation, from the officer’s procedures to the calibration history of the device. We build personalized strategies that give you the best chance of success.

We offer free video consultation and case review, so don’t wait to reach out to RHINO Lawyers today.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by Brandon F. Jones, EsquireAugust 27, 2025 Traffic Tickets0 comments

DUI Enforcement in Tampa: Laws, Checkpoints & Your Rights

DUI enforcement in Tampa continues to ramp up. In a recent initiative, 41 people were arrested during a weekend crackdown, highlighting how seriously local agencies take impaired driving.

Even a first DUI charge can bring lasting consequences. Understanding Tampa DUI laws and checkpoint procedures helps protect DUI rights in Tampa and may even affect the outcome of a case.

This legal guide for DUI charges covers everything from BAC limits and penalties to what to expect at Tampa DUI checkpoints. Whether someone is facing charges or wants to be prepared, staying informed is the first step.

Tampa DUI Laws Explained

Florida Statute 316.193 defines DUI as driving or being in actual physical control of a vehicle while impaired by alcohol, drugs, or both. “Actual physical control” means a person doesn’t need to be driving to face charges, so simply having access to the keys and sitting behind the wheel can be enough.

In Florida, the legal blood alcohol concentration (BAC) limit for adults is 0.08%. For drivers under 21, Florida enforces a zero-tolerance policy, with penalties starting at a BAC of 0.02%. Even small amounts of alcohol can lead to charges for young drivers.

Florida law also covers drug impairment without requiring a BAC measurement. Law enforcement can use observed behavior, field sobriety tests, or chemical testing to support DUI charges involving prescription or illegal substances. This broader authority helps officers enforce DUI laws more effectively.

DUI Penalties and Long-Term Impact

Florida law sets clear penalties for DUI offenses. First-time convictions may lead to jail time, fines, and suspension of driving privileges. Repeat offenses bring harsher consequences, including longer suspensions and mandatory use of ignition interlock devices. The severity depends on factors such as BAC level and prior records.

Penalties increase significantly if a DUI causes bodily injury or property damage. Such cases often lead to felony charges and extended jail time. Beyond legal penalties, a DUI conviction affects many areas of life long after the sentence ends.

Potential impacts to consider:

Difficulty securing or keeping certain jobs
Increased auto insurance premiums
Permanent criminal record affecting background checks
Restrictions on professional licenses or certifications

Tampa DUI Checkpoints and Patrols

DUI checkpoints help law enforcement identify impaired drivers early to keep roads safer. The U.S. Supreme Court ruled in Michigan Dept. of State Police v. Sitz (1990) that sobriety checkpoints are constitutional when conducted properly. Florida follows this ruling along with guidelines from the Florida Department of Law Enforcement.

Key checkpoint requirements include:

Public notice of checkpoint locations ahead of time
Use of safe, well-lit areas for stops
Brief and consistent questioning of all drivers
Presence of a supervising officer at the checkpoint
Minimal detention time to reduce inconvenience

How Florida Handles DUI Enforcement

DUI enforcement in Tampa includes both publicized checkpoints and unannounced saturation patrols. Checkpoint details must be shared in advance, but announcements often list only general locations or timeframes. Drivers may still be surprised, even when operations follow legal notice rules.

Saturation patrols target high-traffic or high-risk areas without prior public notice. Officers monitor behavior and stop drivers showing signs of impairment. These patrols are a key part of DUI enforcement in Tampa and often run alongside checkpoint activity.

Your Rights at DUI Checkpoints

Every driver stopped at a checkpoint has the right to remain silent and avoid self-incrimination. Calm, respectful responses help keep the interaction smooth while protecting important legal rights. Speaking less can prevent accidental statements that might complicate a case later.

Refusing field sobriety or breath tests remains an option, but refusal triggers specific legal consequences. Under Florida law, drivers may face automatic license suspension when tests are declined. Knowing this ahead of time allows for clearer decision-making under pressure.

Law enforcement officers must follow strict protocols during checkpoint stops, including proper notice and reasonable detention times. If officers fail to meet these standards, attorneys may challenge the stop’s validity. Courts can exclude evidence obtained improperly, safeguarding rights through the legal process.

Navigating DUI Charges in Tampa

Getting arrested at a DUI checkpoint starts a legal process that unfolds over several steps. After the arrest, the officer usually takes you to a booking facility where they collect information, fingerprints, and may administer chemical tests. Depending on the situation, you might be released on bond shortly after booking.

An arraignment hearing typically happens within a few days or weeks after an arrest. The court will formally read the charges and ask for your plea. If you haven’t been released yet, the judge will decide on bail or bond conditions at this time. Understanding each step helps reduce uncertainty and prepares you to respond confidently.

Keeping track of appointments, court dates, and paperwork plays a big role in managing the process. Staying organized and informed helps protect your rights and supports your defense.

Legal Representation After a DUI Arrest

DUI charges involve complex laws and procedures that can be difficult to navigate without professional help. An experienced attorney guides you through the process, explains options, and builds a defense tailored to the case. Early legal advice can identify mistakes in the arrest or checkpoint procedures that might affect the outcome.

Having a lawyer also helps in negotiating plea deals or seeking alternatives to harsher penalties. Representation ensures rights stay protected throughout every step, from arraignment to possible trial. Legal support provides confidence and clarity during a stressful time.

How a DUI lawyer helps:

Reviews evidence and police reports for accuracy
Challenges improper checkpoint or arrest procedures
Explains rights and legal options clearly
Negotiates reduced charges or alternative sentencing
Represents you in court hearings and at trial
Advises on license suspensions and reinstatement processes

Protect Your Future After a Tampa DUI Arrest

A DUI stop can escalate quickly, from roadside questions to arrest and court dates. With DUI enforcement in Tampa including both announced checkpoints and surprise patrols, knowing how the system works offers you a major advantage.

RHINO Lawyers brings real courtroom experience to every case, with a legal team focused specifically on traffic and DUI defense. We don’t just handle paperwork; we challenge weak charges and fight to protect your record.

Don’t face the system without support from attorneys who know how it works. Reach out now for a free case review.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by Brandon F. Jones, EsquireAugust 20, 2025 Traffic Tickets0 comments

Florida DUI Laws for Marijuana

Driving under the influence (DUI) in Florida doesn’t only apply to alcohol. If you’re caught operating a vehicle while impaired by drugs, including marijuana, you can be charged with a DUI. This includes both recreational and medical marijuana, even if legally prescribed.

In 2024, Florida had around 890 thousand medical cannabis patients, according to Statista.com.

Unlike alcohol, where impairment is measured with a blood alcohol concentration (BAC), marijuana DUI cases are often more subjective and complex. This article explores how Florida handles DUIs involving marijuana, the penalties you may face, and what you need to know about DUI laws in Florida to stay on the right side of the law.

Is Marijuana Legal in Florida?

As of now, recreational marijuana is illegal in Florida, but medical marijuana is legal for qualifying patients who have been certified by a physician and possess a valid Medical Marijuana Use Registry Identification Card.

That said, legal use of marijuana (even for medical purposes) does not exempt you from DUI laws in Florida. If law enforcement determines that you’re impaired while driving, you can be arrested and charged.

Florida’s Definition of DUI

Under Florida Statutes §316.193, a person is guilty of a DUI if they are:

“Driving or in actual physical control of a vehicle within this state while under the influence of alcoholic beverages, any chemical substance… or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired.”

THC, the psychoactive compound in marijuana, is a Schedule I controlled substance under Florida law, meaning it qualifies under the statute.

In simpler terms, if you’re under the influence of marijuana and it affects your judgment, motor skills, coordination, or reaction time, you can be charged with a DUI, even if you’re a medical marijuana cardholder.

No Legal Limit: Unlike Alcohol

One of the biggest challenges with marijuana DUIs is the lack of a clear impairment threshold. With alcohol, Florida has a legal BAC limit of 0.08%. For marijuana, there’s no such number.

Instead, officers rely on:

Behavioral signs of impairment
Performance on field sobriety tests (FSTs)
Statements or admissions from the driver
Observations (e.g., bloodshot eyes, smell of cannabis)
Drug recognition expert (DRE) evaluations
Urine or blood test results

The presence of THC in your system does not automatically prove impairment because THC can remain detectable for days or even weeks after use. This makes marijuana DUI cases more subjective and open to legal challenges.

How Police Detect Marijuana DUIs

If an officer suspects you’re under the influence of marijuana during a traffic stop, they will likely:

Observe your behavior: Slurred speech, confusion, slow responses, or poor coordination can raise suspicion.
Conduct field sobriety tests: These include tests like walking in a straight line or standing on one leg.
Ask for consent to search the vehicle: They may look for cannabis or paraphernalia.
Use a drug recognition expert (DRE): A specially trained officer may conduct an in-depth evaluation.
Request a urine or blood sample: Florida’s implied consent law requires you to submit to chemical testing if lawfully arrested.

Refusing chemical tests can result in automatic license suspension and can be used as evidence against you in court.

Marijuana DUI Penalties in Florida

DUI penalties in Florida are severe, and a conviction, whether from alcohol or marijuana, can have lasting consequences. Here’s what you can expect:

First Offense:

Up to 6 months in jail
$500 to $1,000 in fines
License suspension of 6 to 12 months
DUI school and substance abuse counseling
50 hours of community service
Vehicle impoundment for 10 days

Second Offense (within 5 years):

Mandatory 10 days in jail, up to 9 months
Fines between $1,000 and $2,000
5-year license revocation
Ignition interlock device (IID) for at least one year

Third Offense (within 10 years):

Felony DUI
Up to 5 years in prison
Fines up to $5,000
10-year license revocation

Additional penalties may apply if there was property damage, injury, or a minor in the vehicle.

Medical Marijuana and DUI: No Special Exemption

While Florida allows medical marijuana, being a cardholder does not protect you from DUI charges. The law explicitly prohibits driving while impaired, regardless of the drug’s legality or prescription status.

If you are a medical marijuana user:

Use your medication responsibly and in safe environments
Avoid driving after consumption, especially if you feel even slightly impaired
Keep documentation and your card with you, but know it won’t excuse impaired driving

There’s no need to take chances with marijuana usage and driving. If you feel there’s even a small risk of you being under the influence, avoid driving.

There are so many other options, like getting an Uber or a taxi, or asking a sober friend to drive you home. Better to be safe than sorry in such cases.

Fighting a Marijuana DUI Charge

Because there’s no set THC limit and testing methods are flawed, marijuana DUIs can be difficult for prosecutors to prove, but only with the right DUI legal defenses. A knowledgeable Florida DUI attorney may challenge:

The validity of field sobriety tests
The qualifications of the arresting officer or DRE
The reliability of chemical tests (especially urine tests)
Whether there was probable cause for the traffic stop
The accuracy of impairment assessments

If successful, charges may be reduced or dismissed, or penalties minimized.

Cannabis DUI Consequences

Even a first-time marijuana DUI conviction can affect:

Employment opportunities, especially for commercial drivers
Auto insurance rates
Professional licenses
College applications and scholarships
Custody arrangements in family law

Additionally, DUI convictions in Florida are not eligible for expungement or sealing, meaning they stay on your permanent criminal record.

DUI Laws in Florida – Be Aware and Careful

DUI laws in Florida for marijuana are serious and carry long-term consequences. The best course of action is to avoid driving after any marijuana use, understand your rights, and seek legal counsel if charged.

RHINO Lawyers have won hundreds of cases for our clients and are ready to do the same for you. Don’t go at it alone when you are charged with a marijuana DUI, as a conviction can negatively affect so many aspects of your life.

Contact our team to learn more about your options so you can decide what’s best for you in such dire circumstances.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by Brandon F. Jones, EsquireAugust 13, 2025 Traffic Tickets0 comments

Traffic Violations and Public Records: Who Can See Your Tickets?

Whether it’s a speeding ticket or a failure to stop at a red light, most drivers will receive a traffic violation at some point. In July 2024, for example, almost 200 citations were given in a matter of two weeks, as officers were cracking down on speeding and traffic violations, Fox 13 Tampa Bay reported.

But what happens to that ticket after it’s issued? Are traffic tickets public record, or is it just between you and the justice system?

Understanding how traffic violations are recorded and who can see them is essential for protecting your privacy, maintaining your driving record, and anticipating how these infractions may impact everything from insurance premiums to job prospects.

In this article, we’ll explore how traffic violations are documented, whether they become part of the public record, and who can legally view your driving history.

Are Traffic Tickets Public Record?

Yes, in most states, traffic violations are considered public record. This means that, generally speaking, the information is accessible by others, although the extent of access depends on local laws, the type of violation, and the record-keeping system in place.

There are two main types of traffic violations:

Moving Violations – These occur when a traffic law is broken while the vehicle is in motion (e.g., speeding, running a red light, DUI).
Non-Moving Violations – These include infractions like parking tickets, expired registration, or equipment violations.

Both types can become part of the public record, but moving violations are more likely to be tracked and have broader implications for insurance, employment, and legal matters.

What Information Becomes Public?

The information that may become part of the public record when you receive a traffic citation includes:

Your name and driver’s license number
Date and location of the violation
Nature of the offense (e.g., speeding, DUI, failure to yield)
Court information (if applicable)
Case outcome (e.g., guilty, dismissed, not guilty, paid fine)
Points added to your driving record

While personal identifiers like your Social Security number are protected, the citation itself, especially if it resulted in a conviction, is often part of searchable databases.

Public Access Traffic Tickets

Many interested parties can access your traffic ticket records. Surprised to hear that? Here they are, so you can prepare yourself for traffic ticket disclosure:

1. Insurance Companies

Perhaps the most common and impactful access to your driving history comes from insurance companies. They routinely check your driving record to assess your risk level and set premiums accordingly.

A single speeding ticket may raise your rates slightly, but multiple violations, or serious infractions like DUIs, can result in significant increases or even denial of coverage.

2. Employers (Especially in Driving-Related Jobs)

Employers, particularly those hiring for jobs involving vehicle operation (e.g., delivery drivers, commercial truck drivers, sales reps), often review applicants’ driving histories. A record with multiple violations could disqualify you from consideration.

Some employers also perform background checks that include motor vehicle records (MVRs), especially for government, law enforcement, or security positions.

3. Law Enforcement and the Courts

Law enforcement officers and court officials have full access to your driving record, including both recent and past violations. This information may influence:

Whether you’re cited or warned during a traffic stop
Sentencing in court
Eligibility for traffic school or diversion programs

4. Attorneys and Legal Investigators

In legal cases, especially personal injury, accident, or liability claims, attorneys may request your driving record to evaluate patterns of behavior or support claims. This is often done through formal record requests or discovery processes.

5. The General Public (To a Limited Extent)

In some states, traffic court cases and violations are accessible to the public through online court databases. However, this access is usually limited:

You may need to know the individual’s name or case number.
Some jurisdictions require fees or formal requests.
Access may be limited to recent cases.

For example, someone might be able to look up your citation if they know when and where it occurred, but they won’t be able to see your entire driving history without legal justification.

What About Expungement or Sealing of Records?

While traffic violations are often public, not all records are permanent. Some infractions can eventually be removed or sealed, especially if:

You completed traffic school.
Your driving record remains clean for a certain number of years.
You petition the court for expungement (varies by state and type of offense).

More serious violations, like DUIs, are often harder to remove and may remain on your record for 5 to 10 years or more, depending on the state.

How to Check Your Own Driving Record

It’s a good idea to periodically check your driving record to ensure accuracy and be aware of what others might see. You can typically obtain a copy through:

Your state’s Department of Motor Vehicles (DMV) or equivalent
Online driving record request services
Insurance agents or brokers (some provide free reports)

Be prepared to pay a small fee and provide identification. When viewing traffic citations, look for:

Errors in dates, violations, or outcomes
Old violations that should have expired
Incorrect point totals

If you spot inaccuracies, contact the issuing court or DMV to correct them.

How Long Do Violations Stay on Your Record?

This varies by state and type of violation. Common timeframes include:

3 to 5 years – For minor moving violations like speeding or failing to yield
5 to 10 years – For more serious infractions like reckless driving
10+ years or permanent – For DUIs or multiple offenses

Insurance companies may consider violations for 3 to 5 years when setting premiums, even if they no longer appear on your official driving record.

Driving Record Privacy – There’s No Such Thing

Now you know the answer to the question, “Are traffic tickets public record?”

Pay attention to your tickets, act quickly, and check your driving history regularly to ensure your public record reflects the safe, responsible driver you strive to be.

At RHINO Lawyers, we are dedicated to helping clients from start to finish, ensuring that their records stay squeaky clean and they can go back to their daily routine without any delays. Don’t hesitate to contact our team as soon as you receive a traffic violation, especially if you are a professional driver.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by Brandon F. Jones, EsquireAugust 6, 2025 Traffic Tickets0 comments

What’s the Difference Between Moving and Non-Moving Violations?

6.92% of Florida drivers get a speeding ticket every year, according to a MarketWatch study.

When you receive a traffic ticket, it typically falls into one of two categories: moving violations and non-moving violations. Understanding the difference between these two types of offenses can help you know how serious the infraction is, what penalties may apply, and how it could affect your driving record or insurance premiums.

This guide breaks down the differences between moving and non-moving violations, with examples, legal consequences of violations, and how to handle them.

What Is a Moving Violation?

A moving violation occurs when a driver breaks traffic laws while the vehicle is in motion. These are considered more serious than non-moving violations because they often involve a greater risk of causing accidents or injuries.

As a result, moving violations typically carry heavier penalties, including fines, points on your driving record, and potential increases in auto insurance rates.

Common examples of moving violations include:

Speeding: Driving above the posted speed limit.
Running a red light or stop sign: Failing to obey traffic signals.
Reckless driving: Driving dangerously or aggressively.
DUI/DWI: Driving under the influence of alcohol or drugs.
Illegal lane changes: Swerving or switching lanes without signaling.
Failure to yield: Not giving the right-of-way when required.
Following too closely: Tailgating other vehicles.
Distracted driving: Using a phone or other device while driving.

Penalties for Moving Violations

The consequences of a moving violation vary depending on the severity of the offense and local laws. In general, you can expect:

Fines: Monetary penalties vary widely by state and violation.
Points on your license: Accumulating too many points can lead to license suspension.
Increased insurance rates: Insurers view moving violations as signs of risky driving behavior.
Court appearances: Some violations, like DUI or reckless driving, may require a court hearing.
License suspension or revocation: For serious or repeated violations.

What Is a Non-Moving Violation?

A non-moving violation refers to an infraction that occurs when the vehicle is not in motion or involves issues unrelated to the driver’s operation of the vehicle on the road. These are generally considered less serious and often relate to vehicle maintenance, documentation, or parking.

Common examples of non-moving violations include:

Parking violations: Parking in a no-parking zone, handicap spot without a permit, or expired meter.
Expired registration: Driving a vehicle with outdated license plates or registration tags.
Broken taillights or headlights: Equipment failures that must be fixed.
Window tint violations: Having window tints that exceed legal limits.
Expired inspection sticker: Driving without a current inspection or emissions test.
No front license plate: In states that require it, missing a front plate is a violation.
Illegal vehicle modifications: Certain aftermarket mods may violate local regulations.

Penalties for Non-Moving Violations

While generally less severe than moving violations, non-moving offenses can still carry consequences. They are as follows:

Fines: Most common penalty, often payable without a court appearance.
Vehicle impoundment: In cases of repeated or severe violations, your vehicle may be towed.
Fix-it tickets: Some violations (like a broken light) allow you to correct the issue and show proof to avoid the fine.
Administrative penalties: May affect registration renewal or lead to late fees if not resolved promptly.

Impact of Traffic Tickets on Your Driving Record

Now that you have traffic violations explained to you, you might be wondering how getting a moving or non-moving violation affects your driving record. Here’s what you need to know:

Moving Violations and Points Systems

Most states operate on a points system. When you commit a moving violation, points are added to your license. Too many points within a set period (e.g., 12 points in 12 months) can result in:

Mandatory driving courses
License suspension
Higher insurance premiums

Insurance companies often check your driving record when setting premiums. A single speeding ticket may cause your rates to increase, especially if you have multiple violations on file.

Non-Moving Violations and Administrative Issues

Non-moving violations usually don’t add points to your license, but they can cause administrative problems. For example, unpaid parking tickets or failing to fix a broken headlight could prevent you from renewing your registration. Accumulating multiple unpaid tickets may also lead to vehicle booting or towing.

Can Violations Be Contested?

Yes, you can contest violations. Here’s all you need to know about that:

Fighting a Moving Violation

You can usually contest a moving violation in traffic court. Some defenses may include:

Radar calibration errors for speeding
Conflicting witness testimony
Malfunctioning traffic signals
Medical emergencies (in rare, justified cases)

Hiring a traffic attorney can improve your chances, especially for serious offenses like DUI or reckless driving.

Contesting a Non-Moving Violation

Many non-moving violations can also be disputed, especially parking tickets. Common defenses include:

Lack of signage
Valid permit or exemption
Errors in the ticket (wrong date, license plate, etc.)
Correcting the violation (for fix-it tickets)

Providing documentation or photos can often help your case. That’s why having a good traffic ticket attorney on your side, like RHINO Lawyers, is such a great idea.

Tips for Avoiding Violations

There are many ways you can avoid getting violations of any kind when driving. Of course, it means you need to be extra careful, but there’s more to it than that.

Here are some tips to follow:

Obey all posted traffic signs and speed limits.
Avoid distracted driving, including texting behind the wheel.
Keep your vehicle in good condition (lights, tires, tags).
Stay current on registration and insurance.
Pay attention to parking rules and avoid leaving your car in restricted zones.
Check your local traffic laws; they can vary from state to state.

Avoid the Legal Consequences of Violations: Hire RHINO Lawyers

While both moving and non-moving violations are forms of traffic infractions, they differ significantly in severity, consequences, and impact on your driving record.

Don’t try to deal with the consequences of these violations on your own. RHINO Lawyers has helped hundreds of people deal with their traffic tickets without leaving a permanent mark on their driving records. If you are a professional driver, you need our help even more to avoid any issues with your livelihood.

Schedule a free consultation with our team today.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by Brandon F. Jones, EsquireJuly 30, 2025 Traffic Tickets0 comments

Florida Felony DUI with Property Damage

According to the Florida Department of Transportation, driving under the influence accounts for 25% of motor vehicle deaths in the state. In Florida, a DUI charge involving property damage can escalate to a felony under certain conditions.

While a standard DUI is typically a misdemeanor, adding property damage can lead to more severe consequences.

Today, we’re taking a closer look at DUI with property damage in Florida, the factors that can lead to felony charges, and what individuals should know about their rights and potential defenses.

What Constitutes a DUI in Florida?

Florida has strict laws that define what counts as driving under the influence. There are three main factors involved:

Blood alcohol content (BAC) limits
Loss of normal faculties
Prior DUI history or incidents

Blood Alcohol Content (BAC) Limits

A driver with a BAC of 0.08% or higher is legally impaired in Florida. This limit applies to drivers over 21. For drivers under 21, any reading above 0.02% can result in penalties.

Commercial drivers face a limit of 0.04%. The higher the BAC, the more serious the penalties can become.

Loss of Normal Faculties

Even if a person’s BAC is under the legal limit, they can still be charged with DUI. If law enforcement believes someone has lost normal faculties such as balance, coordination, or clear speech, that alone can support a DUI charge. Officers may use field sobriety tests or video evidence to support this.

Prior DUI History or Incidents

The number of previous DUI offenses plays a major role. A first offense is often treated less severely, but repeated charges lead to more serious consequences. Property damage or injuries during any DUI incident can push the charge beyond a misdemeanor.

DUI with Property Damage in Florida: When It Becomes a Felony

A DUI with property damage in Florida is often a first-degree misdemeanor, but there are specific situations where it becomes a felony.

These situations usually fall into three categories:

The driver has prior DUI convictions
Someone was injured in the incident
The damage caused is extensive or reckless

The Driver Has Prior DUI Convictions

If the person charged has two or more previous DUI convictions, the current offense can be upgraded. Florida law allows repeat offenders to face felony charges, even if the new incident caused only property damage. The courts look at patterns of behavior, and past charges play a big role in the final outcome.

Someone Is Injured in the Incident

If anyone is hurt in the crash, the charge can rise to a felony. This includes passengers, pedestrians, or people in another vehicle. When there is an injury, the law treats the case more seriously, even if the original charge was tied to property damage alone.

The Damage Caused is Extensive or Reckless

Sometimes, the way the damage occurs can raise the charge. If a driver crashes into a building, hits multiple parked cars, or causes power outages, prosecutors may argue that the act was reckless enough to justify a felony. The cost and impact of the damage can influence this decision.

Common Types of Property Damage in DUI Cases

The most common form of property damage in DUI cases involves crashing into another car. This can happen:

At intersections
On highways
In parking lots

Whether the vehicle is moving or parked, any damage caused while driving under the influence becomes part of the legal case. Repair bills and insurance claims can raise the seriousness of the charge.

Some DUI crashes involve more than just other cars. Drivers might run into fences, light poles, mailboxes, or even buildings.

When this happens, the cost of repairs can be high. It may involve city property or private homes and businesses. The court may weigh these details when deciding if the damage was reckless or excessive.

Not all damage is from direct impact. Some DUI incidents lead to chain reactions, like knocking out power to nearby homes or damaging landscaping.

These cases can involve more people and raise the cost of the accident. The more people affected, the more attention the case may get from prosecutors.

Importance of DUI Legal Representation in Florida

Facing a DUI charge in Florida is never easy, and things become more serious when property damage is involved. Once the case reaches felony level, the risks are much higher.

A skilled defense attorney can help guide someone through the court process and reduce some of the stress that comes with it.

Legal help is especially important in property damage DUI cases for three key reasons:

Understanding the legal process and charges
Protecting rights and building a strong defense
Reducing penalties or reaching better outcomes

Understanding the Legal Process and Charges

Many people don’t know how Florida’s DUI laws work, or how fast a case can go from a minor charge to a felony. DUI legal representation gives the person charged a better picture of what they are facing and what options are available.

Protecting Rights and Building a Strong Defense

A defense attorney can look at every part of the case, from how the stop was made to how tests were handled. If any rights were violated, that could help in court. Legal guidance helps keep the process fair and can lead to dropped or reduced charges.

Reducing Penalties or Reaching Better Outcomes

Sometimes the goal is not to win at trial but to lessen the penalties. An experienced lawyer may be able to work out a plea deal or push for probation instead of jail. In some cases, charges can even be lowered from felony to misdemeanor.

Understanding Florida DUI Laws

A DUI with property damage in Florida can lead to serious and lasting consequences. From felony charges to financial loss and lost rights, the impact can follow someone for years. Understanding the law, knowing your options, and getting legal help early can make a major difference in how your case ends.

At RHINO Lawyers, we meet you where you are – whether that’s by text, FaceTime, or social media. Our team blends personal, easygoing communication with a sharp, results-driven approach. We speak your language, move fast, and focus on outcomes. From crash to settlement, we keep things simple, modern, and on your terms.

Get in touch today to find out how we can help with your DUI case.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by Brandon F. Jones, EsquireJuly 23, 2025 Traffic Tickets0 comments

How a Felony DUI Can Impact Your Right to Own Firearms in Florida

Over 35% of adults in Florida currently own guns, according to the RAND Corporation, with only Texas exceeding that number for firearm licenses in the US. However, a DUI conviction does not automatically eliminate firearm rights in Florida. The firearm prohibition discussed here applies when a DUI results in a felony conviction or another disqualifying status under Florida law.

In this guide, we’ll lay out the facts about DUIs and firearm ownership and help you navigate this issue if you are in this situation. So, can felons own firearms? Let’s find out.

Firearm Ownership Laws in Florida if You Have a Conviction

Florida law generally prohibits a person convicted of a felony from owning or possessing a firearm or ammunition unless the person’s civil rights and firearm authority have been restored or another statutory exception applies. A misdemeanor DUI, by itself, is not a felony conviction under this statute.

Some DUI offenses can be felonies, including a third DUI when the new offense occurs within 10 years after a prior DUI conviction, a fourth or subsequent DUI, DUI involving serious bodily injury, and DUI manslaughter. A felony DUI conviction can therefore trigger Florida’s felony firearm-possession prohibition.

Florida laws and federal laws state that felons cannot possess, use, or control firearms. The only exception is if their civil rights and firearm authority have been restored by the Florida Commission on Offender Review and the Office of Executive Clemency.

Florida DUI Laws: Some Facts

There are certain circumstances when a DUI becomes a felony under Florida law. It includes:

The third DUI within 10 years of a previous conviction
A fourth or subsequent DUI at any point

In Florida, causing serious bodily injury when driving under the influence also counts as a felony, as does a DUI manslaughter felony. The former counts as a third-degree felony, and the latter a second-degree or first-degree, depending on the case.

It’s important to distinguish between misdemeanor DUIs and more severe felony DUIs, which carry harsher penalties. It’s felony DUIs that will impact your right to own or possess a firearm.

If You Have a Felony DUI: Your Gun Rights

In short, having a felony DUI will impact your gun rights in Florida, and this is why.

State and federal law both state that a conviction of a felony involves losing your right to own, possess, or use a firearm. That happens automatically on conviction and will apply regardless of the type or degree of the felony. It will apply irrespective of whether your DUI involved injury or other aggravating factors.

If you are found in possession of a firearm after a felony conviction, you can face severe criminal penalties. The only way to restore your right to firearm ownership is to go through Florida’s clemency process.

Federal Laws and Gun Rights Restrictions

Federal law forbids felons from owning, possessing, and using a firearm, and Florida law mirrors this.

However, it’s essential to understand that if the state restores your civil rights through the clemency process, it does not necessarily grant you the right to own and possess a firearm. You’ll need to separately apply for clemency that covers the restoration of firearms ownership and possession.

This is why it’s crucial for felons to get proper legal guidance to ensure that regaining civil rights in Florida also lifts the state and federal restrictions on firearms that apply.

How to Restore Your Gun Rights After a DUI Felony

In Florida, restoring firearms rights is done via the clemency process. You’ll need to apply through the Florida Commission on Offender Review. When applying, your request for restoration of firearm rights must be specifically and separately requested after applying for other civil rights like voting or serving on a jury.

You can only begin the clemency process after eight years following your sentence, probation, and payment of fines. When you start the clemency process, you’ll need to make a formal application and go through some background checks. You’ll also find that there is a waiting time of as much as two years or sometimes even longer.

It’s worth noting that completing your sentence or probation alone doesn’t automatically restore your firearms rights. In addition, clemency doesn’t automatically lead to firearms restoration, which is why proper legal guidance is a must.

What Happens if Your DUI Was Later Reduced or Expunged?

There are some circumstances where a felon might have their DUI conviction reduced to a misdemeanor or expunged. In this case, your right to own a firearm may be changed, though it depends on the circumstances.

In situations where the charge was reduced to a misdemeanor, your federal and state firearm bans generally no longer apply.

If your DUI is expunged, the situation becomes more complex. Florida law does not automatically grant you rights to firearms after expungement, as the law limits the ability to expunge convictions. In any situation where you are trying to restore firearms rights after expungement, you should seek proper legal advice.

Illegal Firearm Ownership Consequences

You must understand the law about firearm possession after a DUI felony because the consequences of illegal possession are severe.

It is a second-degree felony and can carry a sentence of up to 15 years in prison, as well as probation and thousands of dollars in fines. You may also face federal charges. You don’t need to use a firearm to be convicted of possession.

Seeking Legal Guidance About Your Firearm Rights

If you currently have a felony DUI, restoring your rights can be a tricky and complex process, and without a legal representative, you face the risk of making mistakes that could have further consequences on your rights.

Always work with a qualified attorney who can assess your case and guide you through the process of applying for clemency.

Can Felons Own Firearms?

So, can felons own firearms? The quick answer is no, but the issue is more nuanced. Getting back your rights to own and possess firearms depends on the clemency process.

RHINO Lawyers has an experienced team of Florida attorneys who fight relentlessly for our clients to restore their rights. We go beyond navigating your rights, and we challenge them using strategic representation. RHINO Lawyers have real stories and successes to share, and we’re here to help you get the results you need, so reach out to us for a free case evaluation today.