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Were You Locked Up for Driving Under The Influence?

June 20, 2012
By The Wiseman Law Firm

If you have been arrested for DUI, you may be facing some serious consequences that can include jail, probation, license suspension/revocation, DUI courses, vehicle impoundment, interlock devices, and fines and court costs.

The penalties for a DUI in Florida vary according to your blood alcohol content (BAC), number of previous DUI convictions, whether anyone was injured or killed, and whether you refused testing.

DUI PENALTIES

First Offense

  • Incarceration and Fines: Not more than 6 months, fine of $250 up to $500. Community service of 50 hours or more if unable to pay fine
  • Treatment: DUI school and substance abuse evaluation and any recommended treatment
  • License Revocation, Impoundment and Ignition Interlock Device: 180 days to one year if test refused; possible 6 month ignition interlock; impoundment of 10 days
  • BAC Level or Prior Offense: If .15 or higher, fine of at least $500 up to $1,000 and jail no more than 9 months; 6 month ignition interlock

Second Offense

  • Incarceration and Fines: Not more than 9 months or not more than 12 months if within 5 years of first DUI. Mandatory 10 days in jail if within 5 years of first DUI; fine not less than 500 up to $2000 or community service
  • Treatment: DUI school and substance abuse evaluation and any recommended treatment
  • License Revocation, Impoundment and Ignition Interlock Device: 180 days to one year if test refused; or 5 years if within 5 years of first DUI. Reinstatement after one year if hardship. Ignition interlock of 1 year; impoundment of 30 days
  • BAC Level or Prior Offense: If .15 or higher, fine of at least $500 up to $1,000 and jail no more than 12 months; ignition interlock for 2 years if within 5 years of first offense

Third Offense

  • Incarceration and Fines: Up to 12 months and mandatory 30 days in jail if third DUI within 10 years; fines of $1,000 to $2,500
  • Treatment: DUI school and substance abuse evaluation and any recommended treatment
  • License Revocation, Impoundment and Ignition Interlock Device: 10 year revocation; reinstatement for hardship showing after 2 years; ignition interlock for 2 years; impoundment of 10 days
  • BAC Level or Prior Offense: Impoundment of 90 days if within 10 years of prior offense

Fourth Offense

  • Incarceration and Fines: Up to 5 years (third degree felony) and mandatory 30 days in jail, fine of $1000 to $5000
  • Treatment: DUI school and substance abuse evaluation and any recommended treatment
  • License Revocation, Impoundment and Ignition Interlock Device:Permanent-no reinstatement for hardship; impoundment of 10 days
  • BAC Level or Prior Offense: If HTO, or habitual traffic offender, no more than 10 years in prison; impoundment of 90 days if prior offense within 10 years

If you are charged with a DUI in an accident that caused a serious bodily injury, you face third degree felony charges. DUI manslaughter or vehicular homicide is a second degree felony punishable by up to 15 years in prison, 15 years’ probation and a fine up to $10,000.

Leaving the scene of a DUI manslaughter is a second degree felony, while leaving the scene of a vehicular homicide is a first degree felony punishable by up to 30 years in prison and a $10,000 fine.

DUI Defense Strategies

There are numerous defenses to a DUI case that a reputable and skilled criminal defense attorney can explore for you. The Wiseman Law Firm is a knowledgeable DUI defense firm which has represented numerous clients in very serious DUI matters.

The Wiseman Law Firm lawyers will investigate the facts of your arrest, determine if your stop was valid, assess the credibility of any field sobriety tests (FST) you may have taken, and challenge the validity and accuracy of any breath or blood alcohol test.

You also face license revocation unless you request a review hearing within 10 days of your arrest so time is of the essence.

DUI cases are complex and demand attorneys dedicated to your defense. Call The Wiseman Law Firm today for a free consultation.

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