Today we have a guest blog on the subject of DUI penalties from Clearwater Criminal Defense Attorney; Amanda Powers.
Florida’s DUI penalties are set forth specifically in § 316.193, Florida Statutes. If you have already been convicted of one DUI and are arrested and convicted for a second, the penalties are determined by two things: (1) Your blood alcohol content (BAC) and (2) How much time has passed since your first conviction.
Second DUI within five (5) years of your first, BAC above/ below .15:
- Below .15 BAC – Between $1000.00 and $2000.00
- Above .15 BAC – Between $2000.00 and $4000.00
- Jail time
- Below .15 – The court must sentence an individual to a minimum of ten (10) days up to nine (9) months in county jail. Some courts are allowing the minimum mandatory jail sentence to be served in an in-patient treatment program. Our attorneys can advise you whether you may have this option.
- Above .15 – Minimum ten (10) days up to twelve (12) months. Again, you may have the option of serving your ten days in a residential treatment facility.
- Above and Below .15 – Up to 12 months of probation under the supervision of the Salvation Army
- Vehicle impound
- Above and Below .15 – There is a mandatory thirty (30) day impound
- Community service
- Above and Below .15 – You will be required to complete fifty (50) hours of community service
- Driver’s license suspension
- Above and Below .15 – Your license is subject to a five (5) year revocation. Remember to seek the advice of an experienced DUI defense attorney to learn about your rights to an administrative review hearing as this may be a viable way to save your license. Do not delay speaking to an attorney as you only have ten (10) days from the date of your arrest to request this type of hearing.
- DUI school
- Above and Below .15 – For second time offenders, multiple offender school may be required. This is a DUI class that must be completed before you are eligible for a hardship license.
- Ignition interlock
- Below .15 – Florida requires a mandatory ignition interlock device to be placed on an offender’s vehicle for a period of one (1) year at the offender’s expense.
- Above .15 – Two (2) year ignition interlock device.
- Mandatory adjudication
- If you are arrested and enter a plea to a DUI in the state of Florida, the courts are required to adjudicate you of Guilt. There is no exception unless you enter a plea to something less than a DUI such as careless driving or reckless driving. Often times, an experienced attorney is able to negotiate something less than a DUI in an effort to preserve their client’s criminal record. The state attorneys will sometimes reduce charges in an effort to avoid extensive litigation. It is important to talk to an experienced attorney to determine whether this is an option for your case.
- Victim impact panel – The victim impact panel is an awareness program that is required in the state of Florida. For more information, go to www.madd.org
Second DUI outside of five (5) years of your first DUI, BAC above/ below .15:
The penalties for a second time DUI where more than five years has passed since your first are essentially the same with the following differences:
- Your license may be suspended up to one (1) year not five (5)
- There is no minimum mandatory jail. For your second outside of five below .15 you may be sentenced up to nine (9) months in county jail. If your blow is over .15, you may be sentenced up to twelve (12) months.
- Vehicle impound
- Your vehicle will be subject to a ten (10) day impound as opposed to a thirty (30) day impound.
The Clearwater DUI Attorneys at Powers Sellers & Finkelstein are available for a free consultation and case evaluation. Please call us today at: (727) 531-2926. Our Clearwater Criminal Defense Attorneys routinely handle cases throughout Pinellas County and more specifically in the following areas; Clearwater, St. Petersburg, Seminole, Largo, Indian Rocks, Belleair, Clearwater Beach, St. Petersburg Beach, Largo, Dunedin, Safety Harbor, Palm Harbor, Ozona, Tarpon Springs, Pinellas Park, East Lake and Kenneth City. Further, we also handle Criminal Defense throughout the greater Tampa Bay area and service the cities of Tampa, Carrolwood, New Tampa, New Port Richey, Port Richey and Trinity. For more information on our law firm and the services we provide, please visit our website at: www.keepcalmcallus.com