Florida DUI
Driving Under The Influence
• Have you received a Florida DUI?
• Do you need a Florida DUI Attorney?
• Do you want to keep your driving privileges????
It is time to find help today!!!!!!!!!!!!
Florida DUI lawyer, Florida drunk driving lawyer, or Florida DWI lawyer: all lawyers that defend DUI, DWI, or drunk driving cases in Florida should know about the "Ten Day" Rule. When someone is arrested for a Florida DUI, there are really two separate cases that arise: the court case, where a person's liberty is at stake, and the Florida Department of Highway Safety and Motor Vehicles case.
If you have been arrested for DUI, and you refused to take a breath, blood or urine test, OR if you took the test and your result is 0.08% or higher, you have only 10 days to request a special hearing with the FDHSMV to save your license. Failure to timely request a hearing will result in a penalty of at least a six-month suspension (and as much as an 18-month suspension) of your Florida driving privileges.
Florida DUI / DWI lawyers know that under Florida law, DUI is one offense, that can be proved in one of two ways: drunk driving can be proved by impairment of normal faculties, or unlawful blood alcohol or breath alcohol level of .08% or above. Florida DUI penalties upon conviction are the same, regardless of the manner in which the offense is proven.
The penalties and consequences for a Florida DUI arrest are serious and far-reaching. They include fines, jail, and administrative license suspensions from the court. They also can include license suspensions, separate and apart from those imposed by the court, which are imposed by FDHSMV. Detailed information about each of these consequences follows below.
However, if you or someone you care about has been charged with a DUI, the most important thing to do is to contact a qualified DUI / DWI lawyer at once.
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Fines in Florida DUI Cases
Fines for Florida DUI convictions can range from a minimum of $250, to a maximum of $2,000, depending upon whether the case is a first-offense DUI, and upon other aggravating factors.
o First DUI Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
o Second DUI Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
o Third DUI Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
o Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
o Fourth or Subsequent DUI Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle, not less than $2,000.
Community service is mandatory for a first conviction of DUI (50 hours), or an additional fine or an additional fine of $10 for each hour of community service required. For a first-offense DUI, the total period of probation and jail may not exceed one year.
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Jail in Florida DUI Cases
At the court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.
o First DUI Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.
o Second DUI Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
o Third DUI Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
o Fourth or Subsequent DUI Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.
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Impoundment of Immobilization of Vehicle
Unless the family of the defendant has no other transportation:
o First DUI Conviction = 10 days;
o Second DUI Conviction within 5 years = 30 days;
o Third DUI Conviction within 10 years = 90 days.
Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.
Felony DUI
Repeat Offenders or Accidents Involving Serious Bodily Injury
o Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).
o Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.
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Driver License Revocation Periods for DUI
A. First DUI Conviction: Minimum 180 days revocation, maximum 1 year.
B. Second DUI Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
C. Third DUI Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.
D. Fourth DUI Conviction (Regardless of When Prior Convictions Occurred), and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.
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