Driving under the influence is a serious charge that carries commensurate penalties on convictions—penalties that increase if the driver also lacks a valid license. Here’s what you should know about this situation, including what defenses may be available.
Understanding DUI Charges
Under Florida law, a person commits the offense of driving under the influence if they drive or exercise actual physical control over a vehicle while under the influence of alcohol, drug, or controlled substance that impairs the person’s normal faculties. A person can also commit a DUI by driving with a blood alcohol content of 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath, regardless of whether the alcohol has impaired the person’s ability to drive safely. A first or second DUI offense constitutes a misdemeanor. However, a third offense committed within ten years of a prior DUI conviction or a fourth or subsequent offense increases the grading of the offense to a third-degree felony.
An Overview of Driving Without a License
Driving without a valid driver’s license constitutes a separate offense in Florida. A person may commit the offense in one of several ways:
- Driving with a suspended license: A person may operate a motor vehicle with a driver’s license while serving a suspension of their driving privileges for various reasons, such as committing too many traffic offenses, committing a criminal offense, imposing a driver’s license suspension, failing to pay fines, alimony, or child support, committing a DUI, or refusing a chemical test after a DUI arrest.
- Driving with an expired license: Driver’s licenses in Florida have expiration dates, requiring drivers to renew their licenses before the expiration date.
- Driving without having held a driver’s license: A person may choose to operate a motor vehicle despite never having held a valid driver’s license at any point in their life.
What Happens When You Commit a DUI Without a Driver’s License
Should police arrest you for driving under the influence while not holding a valid driver’s license, you may face increased penalties due to the multiple offenses for which prosecutors can charge you. A first-time offense may impose a penalty of up to six months in jail and a fine of $500 to $1,000 for the DUI offense, plus an additional 60 days in jail and a $500 fine for driving without a driver’s license.
However, the penalties for driving under the influence without a driver’s license can significantly increase for a person who causes an accident that results in severe injuries or fatalities, raising the grading of both the DUI and driving-without-a-license offenses to third-degree felonies that may result in a driver facing years in prison and thousands of dollars in fines.
Furthermore, committing a DUI without a driver’s license may cause the trial judge to take a less lenient approach during sentencing, as the defendant should never have gotten behind the wheel while intoxicated because they did not hold a valid license to drive.
Potential Defenses
A person facing charges of DUI and driving without a license may have various defenses they can pursue to fight the prosecution’s case, such as:
- Necessity: A defendant may contest their charges or seek leniency during sentencing by raising a necessity defense by claiming they had to drive due to an emergency, such as seeking medical attention for another person.
- Administrative error: Defendants may fight their driving-without-a-license charges by proving that the Florida DMV suspended, revoked, or expired their license due to an administrative error.
- Unlawful traffic stop: A defendant may challenge the legality of their traffic stop by arguing that the officer lacked reasonable suspicion of a traffic violation or criminal offense.
- Unreliable field sobriety or chemical testing: Defendants may highlight issues with the police’s field sobriety or chemical testing that may question the reliability of the test results.
Contact a DUI Defense Attorney Today
If you’ve been arrested for DUI in Florida without having a valid driver’s license, you need experienced legal representation to advocate for your interests and guide you through the criminal justice system. Contact Central Justice today for a confidential consultation with a DUI defense lawyer to discuss your legal options for pursuing a favorable resolution to your charges.
