If you’ve recently gotten a DUI in the state of Florida or know someone who has, they face stiff penalties. Depending on how many times they’ve been convicted, there are increasingly stiffer penalties and fines associated with this type of charge. That is why having a top defense attorney is crucial. They can represent those accused of DUI and provide them with the legal counsel and services they need to represent their case in a court of law.
DUI in Florida
With a few exceptions, most states have the same general DUI laws. In the state of Florida, the DUI law states that anyone driving under the influence of controlled substances or alcoholic beverages with a .08 blood alcohol level constitutes a DUI offense. Anyone caught driving under the influence with a blood-alcohol level over .08% will be detained, arrested, and brought to a local jail.
First Offence DUI in Florida
In the state of Florida, the first offense carries with it a fine between $500 and $2000. That fine is significantly higher for individuals found with a blood alcohol level of .15% and over OR for those who have a minor in the vehicle. In addition to monetary fines, community service is also required. Your first offense carries with it 50 hours of community service. There can also be an extra $10 per hour for required community service sentences.
Additionally, those with first convictions will also incur incarceration and the likelihood of probation for up to one year. It is up to the court whether or not the individual spends time in prison for the first offense. Each case is reviewed independently, and sentencing depends on the details of the offense. According to Florida law, if there was a minor in the vehicle and/or there was a record of blood alcohol level being .15 or higher, they will be sentenced to nine months in prison. Those who don’t have a minor in the car and a BAC of .08 don’t serve more than six months.
In most cases with a first DUI offense, the state will revoke the offender’s license for one year or more. After the period of suspension passes, individuals may apply to have their license reinstated. There are some instances where a hardship license is granted, but it’s up to the courts’ discretion. Additionally, Florida law requires the offender to take a DUI school course to reinstate their license. If you have a hardship license, you must complete the course, or they will revoke it.
Second DUI and Up in Florida
Those who get a second DUI conviction in Florida or more can face a minimum of 10 days in jail. The maximum jail time for the second DUI and up is nine months. If there is a minor in the vehicle and the BAC is .15 or higher, the sentence is a maximum of 12 months in jail. The second DUI has a fine of $1000 to $2000 and a license suspension of at least five years. There may also be a second suspension known as an administrative suspension. Those with a BAC of .15 with a minor in the car face a $2000 to $4000 fine and various other penalties. For the second DUI, the offender will have an ignition interlock device fitted to their car for a year. The vehicle will also be impounded for a minimum of 30 days.
Keep in mind that the third DUI case is a third-degree felony and carries massive penalties.
How an Attorney Can Help
If you face a DUI charge, an experienced DUI attorney can help reduce jail time. Each case is different, but having a solid attorney to provide representation can better prepare you and help keep your sentencing and other penalties less severe.
It is especially important to retain the services of an attorney when facing a second or third DUI offense.
If you find yourself in a position where you’ve been arrested for this offense, you should reach out to your attorney as soon as possible once you arrive at the jail or finish your processing. That action helps ensure you get the proper guidance and the best outcome for your particular situation and get significantly reduced penalties and jail time.
