Driving while impaired, also known in Florida as driving under the influence, or DUI, is an offense that has serious consequences, including, without limitation, jail time, probation, monetary fines, community service, substance abuse treatment, and ignition interlocks. Keep in mind that the penalties a person may face depend upon several factors, including the details of the offense, the experience and skills of the defense attorney, the accused’s level of cooperation, and one’s criminal history, among others.
If you wish to reduce the chances of facing severe penalties, it is vital that you hire a skilled Florida Criminal Defense Attorney who knows the ins and outs of the courtroom, the applicable law, and the judge and prosecutor. At Musca Law, our team of legal advocates has over 150 years of collective experience handling all types of criminal matters, from low level misdemeanors to first-degree felonies. We fully understand how a criminal conviction can negatively impact your life, which is why we fight vigorously for the legal rights and interests of our clients. Contact Musca Law today at 888-484-5057 to learn more about how we can help make a difference for you.
Under Florida Statutes Section 316.193, it outlines the penalties associated with DUI in Florida. These depend upon a number of different factors, and there is also significant degree of judicial discretion that applies in the prosecution of DUI cases. What this means is that there is an opportunity for a skilled Florida Criminal Defense Attorney to mitigate the impacts that a DUI case will have on one’s life.
First-Time DUI Offense in Florida
While there are no guarantees, as each case involves its own set of facts and circumstances, first-time DUI offenders are usually in the best position to receive a favorable outcome. This is due to the fact that despite public policy favoring the imposition of harsh DUI penalties, the courts will often be more lenient with a person who has never committed a DUI-related offense. However, if aggravating factors apply, such as a minor in the vehicle, or a blood-alcohol concentration, or BAC, of 0.15%, the penalties will likely be greater.
In the absence of mitigating factors, a first-time DUI conviction will have the following penalties:
- A maximum of six months in jail;
- A monetary fine of up to $1,000; and
- Possible installation of an ignition interlock device in an offender’s vehicle for a period of time at the judge’s discretion (this is at the offender’s own expense).
It is important to understand that the judge may impose additional requirements, including, without limitation, substance abuse counseling, probation, and community service.
Also note that if a person is arrested and has a BAC of 0.15% at the time, or there was a minor in the vehicle at the time of arrest, then he or she may face a maximum sentence of nine months in prison and a monetary fine of up to $2,000. The offender will also be required to attend DUI school before he or she can receive a hardship reinstatement of his or her driver’s license.
If the offender is under the age of 21, he or she will be deemed impaired by having a BAC of 0.02%. If the offender had a BAC of 0.05% or greater, he or she will be subject to a license suspension of up to six months, effective immediately. This suspension will remain in effect until the offender attends a substance abuse evaluation course.
Second-Time DUI Offense in Florida
If a person is convicted for a second DUI offense, he or she should expect to face more severe consequences. This is pursuant to the applicable law as well as the judge’s discretion. It is important to note that out-of-state convictions and convictions for boating under the influence, also known as BUI, count as prior offenses for purposes of Florida’s DUI law.
In the absence of mitigating factors, a second-time DUI conviction will have the following penalties:
- A maximum of nine months in jail;
- A monetary fine of up to $2,000; and
- The mandatory installation of an ignition interlock device for a least one year.
The judge may order probation with certain requirements, including substance abuse treatment. DUI school may also be required if the second conviction occurred within five years of the prior one (or third conviction within ten years of the second one).
If the offender had a minor in the vehicle or a BAC of 0.15% at the time of his or her arrest, the penalties are enhanced up to a twelve-month prison term and a maximum fine of up to $4,000.
Third and Subsequent DUI Offenses in Florida
For individuals who face a third DUI conviction within ten years of the prior one, he or she will be charged with a felony in the third degree. Felony charges are much more severe than misdemeanor offenses given that they carry with them the potential for imprisonment (as opposed to jail time) and other serious consequences, such as the inability to (i) keep or obtain certain jobs, (ii) vote; (iii) obtain scholarships; and (iv) obtain a suitable housing arrangement.
Penalties associated with a third DUI conviction (within ten years of the second conviction) are as follows:
- A maximum of five years in prison;
- A monetary fine not to exceed $5,000; and
- The mandatory installation of an ignition interlock device for at least two years.
If an individual has a third conviction that occurred over ten years prior to the second conviction, the associated penalties are as follows:
- A maximum of twelve months in jail;
- A monetary fine not to exceed $5,000; and
- The mandatory installation of an ignition interlock device for at least two years.
Fourth time convictions, irrespective of when the previous offenses occurred, constitute third-degree penalties, the consequences of which are provided above.
DUI-Related Accidents in Florida
If a person is arrested for DUI following an accident, he or she should expect to face enhanced penalties, as follows:
- DUI accident resulting in minor injury and/or property damage – this is a first-degree misdemeanor, which carries with it a penalty of up to one year in jail;
- DUI accident resulting in serious bodily injury – this is a third-degree felony, which carries with it a penalty of up to five years in prison;
- DUI accident resulting in death – this is a second-degree felony, which carries with it a penalty of up to fifteen years – the judge will implement a mandatory-minimum prison term of four years in these cases;
- DUI accident resulting in death and from which the offender fled – this is a first-degree felony, which carries with it a penalty of up to 30 years in prison.
It is important to note that if a person operates a vehicle after his or her license has been suspended for DUI, DUI manslaughter, or vehicular homicide, and he or she causes serious bodily injury or death – irrespective of whether he or she is impaired – this constitutes a third-degree felony, the penalties of which are provided above.
Musca Law will Fight Hard for Your Legal Rights
Call Musca Law today at 1-888-484-5057 to discuss your case. We are available right now to advise you of your legal rights and options. Our skilled team of Florida DUI Defense Attorneys has over 150 years of collective experience successfully representing those accused of DUI throughout the state of Florida. Contact us now to learn more about how we can make a difference for you.