If you have recently received a DUI in Florida, you may be getting advice from friends and family about what you can expect as punishment. It's best to remember that a lawyer will always be your best source of information. Lawyers can help you understand the legal structure, and they can also help you understand how the specifics relating to your case will correspond to the law. Just because someone you know was punished one way doesn't mean that you will be punished the same way. Florida has set some basic guidelines for punishment upon conviction.
If This Is Your First Conviction:
According to fine schedule 312.193(2) (a)-(b), F.S., a first conviction is subject to a fine of not less than $250, but no more than $500. If the blood alcohol level was .15 or higher or a minor was in the vehicle, the fine is slightly higher of not less than $500, but no more than $1,000. The exact fine amount is usually set by the judge and can be argued by lawyers, but it is generally up to the sole discretion of the judge. You must also complete a minimum of 50 hours of community service and complete an approved DUI school. Usually, the judge requires that you go to a one-time class given by mothers against drunk driving (Madd) called a Victim Impact Panel. The vehicle that you were driving or any vehicle that you currently own must be immobilized for a minimum of 10 days. Finally, if the breath reading was over .15 the DUI falls under the enhancement provisions. This mandates that upon conviction a inter-lock device must be installed on your vehicle for 6 months.
If This Is Your Second Conviction:
According to fine schedule 312.193(2) (a)-(b), F.S., a second conviction is subject to a fine of not less than $500 and not more than $1,000. If your blood alcohol level was .20 or higher, you can expect your fine to be higher. This is also true if a minor was in the vehicle with you. If either of these situations applies to you, you can expect your fine to be no less than $1,000, but not more than $2,000.
If This Is Your Third Conviction:
According to fine schedule 312.193(2)(a)-(b), F.S., if this is your third conviction in more than 10 years, you will be fined no less than $1,000 and no more than $2,500. If you were arrested with a blood alcohol of more than .20 or a minor was in the vehicle, the fine will be no less than $2,000. If you have a third conviction within 10 years, you will be fined no more than $5,000. If you had a blood alcohol of .15 of higher or there was a minor in the vehicle with you at the time of your arrest, you will be fined no less than $2,000.
If This Is Your Fourth Conviction:
According to fine schedule 312.193(2)(a)-(b), F.S., if this is your fourth or subsequent conviction, you will be charged no less than $1,000, and if there was a blood alcohol of .15 or higher or there was a minor present, the fine will be no less than $2,000. Of course, on a fourth offense, most judges will be quick to give a heftier fine to help deter you from future DUI charges.
Community service is generally something that judges order DUI offenders to do. A first conviction can warrant up to 50 hours of community service and an additional fine of $10 for each hour of community service ordered. On a first conviction, it is possible for probation/incarceration to last up to one year of time. Imprisonment isn't typical, but it is at the court's discretion and is dependent upon the circumstances of the case.
If imprisonment is warranted, there are limits as to what the court can decide. For a first conviction, the convicted cannot spend more than six months incarcerated, or 9 months, if the blood alcohol was .20 or higher. For a second conviction, you could spend as much as nine months imprisoned, and up to 12 months if the blood alcohol was more than .15. A second conviction requires at least ten days of imprisonment, with at least 48 hours of consecutive confinement. A third conviction within ten years requires a mandatory imprisonment of at least 30 days, with at least 48 consecutive hours of confinement. If the third conviction takes place after ten years, the offender cannot be held for more than 12 months. A fourth conviction can mean up to five years of imprisonment, as indicated in 775.084, and listed as a habitual or violent offender. Imprisonment for these charges is usually spent in a treatment facility for drugs and/or alcohol abuse.
As you can see, there is a lot of room for negotiation with fines, community service, and time spent in treatment programs of some type. With a lawyer by your side, you have a better chance of getting through the legal process and rebuilding your life on the other side of it. Don't just go with the flow and believe what your friends and family tell you. Each case is different, so be sure that you get the best legal defense for your case. Contact us to start your defense.