/Penalties for Florida DUI
Penalties for Florida DUI2018-04-05T18:16:31+00:00

PENALTIES FOR FLORIDA DUI


South Florida DUI Lawyer

1ST OFFENSE – MINIMUM PENALTIES

  • Permanent Criminal Conviction Record that never goes away!
  • Up to six to twelve months* in JAIL (depending upon circumstances)!
  • Driver’s License suspension for at least six months up to a year or more.
  • $500 to $1000 fine or $1000 to $2000 fine if enhanced by breath over .15 or if a child is in the car at the time of arrest*.
  • Six months to one year of probation (may also be tested regularly for drug or alcohol use during the term of probation).
  • DUI School (twelve to twenty-hours depending on the level required).
  • Drug and alcohol evaluation with follow-up treatment
  • A Minimum of 50 hours of community service.
  • Court costs that can reach, or exceed $600.00.
  • Ten day immobilization/impoundment of your vehicle (regardless if you were driving it at the time you were arrested).
  • Possible Ignition Interlock Device at great expense to you.
  • Although not Court imposed, because of the implications of a DUI conviction, many people lose their jobs, have difficulty finding new jobs and incur enormous increases in their automobile insurance that they must keep in order to drive legally in many states, including Florida.
  • Potentially 300 to 500 percent INCREASE IN INSURANCE premiums for up to three to five years.

*If you are under the age of 21, have a person under the age of 18 in the car or have a breath sample of .15 or higher, you are subject to enhanced penalties such as up to 270 days in jail, a $1000-$2000 fine and an ignition interlock device for six months or longer at your expense.  In the event of an accident and/or property damage, you could face up to one year in jail instead of the potential six or nine months for a non-accident case.

2nd OFFENSE

2nd DUI offenses carry even harsher penalties than those noted above. However, if your second arrest is within five years of your prior conviction you could face MANDATORY JAIL TIME and InterLock Devices in your car at a substantial expense to you for two years or longer!

3rd OFFENSE OR MORE

If you are arrested for a third offense, (or more) within ten years of your prior conviction(s) and enter a guilty plea or are convicted, you will likely be prosecuted as a Felon and may become a CONVICTED FELON, as a third DUI offense within ten years or a fourth, (or higher) DUI offense is no longer a misdemeanor.  You may be subject to up to FIVE YEARS IN A FLORIDA STATE PRISON and a LIFETIME REVOCATION OF YOUR DRIVER LICENSE without the automatic right to a permit or restricted license. Once you have a permanent revocation, you may never be able to legally drive again!  The fines and most other penalties may be increased dramatically, as well. http://www.leg.state.fl.us

SERIOUS BODILY INJURY OR DUI MANSLAUGHTER

Whether an accident is your fault or not, if someone is seriously injured or dies in accident you are involved in, the mere allegation of impairment on your part may result in you facing serious felony charges with mandatory PRISON TIME.  In the case of DUI Manslaughter, Florida currently has a four year minimum mandatory prison sentence, but you could face up to FIFTEEN (15) YEARS in a FLORIDA STATE PRISON and will lose your license permanently if convicted.  It is absolutely essential to hire us as soon as possible so that we may take the necessary steps to afford you the best DUI defense possible. You do not even have to have caused the accident; as long as the State can demonstrate you contributed in any way to the crash that resulted in death, you will face a felony conviction, a substantial prison sentence (4-15 years), a permanent revocation of your driver license and many other penalties and fines.

2ND REFUSAL TO GIVE BREATH, BLOOD, OR URINE

An Entirely Separate Criminal Charge

Florida Statute 316.1939 states that any person who has refused to submit to a chemical or physical test of his or her breath, blood or urine as described in Statute 316.1932 and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test and;

  • The arresting officer had evidence to believe that the person was driving or was in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or other illegal substances.
  • You were actually arrested for DUI.
  • You were properly instructed that if you refused to take the breath, blood or urine test, that your privilege to drive would be suspended for one year or for a second or subsequent refusal, for 18 months.

If all of the above took place and you refused the test, the State can charge you with a first degree misdemeanor punishable by up to a year in jail. This is IN ADDITION to the penalties for DUI. The State typically seeks at least thirty (30) to ninety (90) days in jail for this offense alone in many jurisdictions and sometimes more! http://www.leg.state.fl.us   ARE YOU A UNITED STATES CITIZEN? If not, you may be subject to DEPORTATION if you plea and/or are convicted of any criminal offense. If you do not live in Florida, especially if you reside outside the United States, a conviction may make it impossible for you to EVER lawfully drive in Florida again!

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