What are the Penalties for DUI in Florida

Published on: 01 August 2018 Last Updated on: 06 September 2021
DUI Florida

Driving under the influence (DUI) is a serious crime in the state of Florida. Often, drivers are unaware of both their rights when they are suspected of DUI and the consequences of a DUI conviction.

First DUI Conviction :

There are multiple legal options available for a first time DUI offenders, but depending on the circumstances of the offense, the punishments for your DUI conviction can be extremely harsh. These punishments, pursuant to Florida Statute 316.193, can include:

  • A fine between $500 and $1000.
  • Imprisonment for up to six months.
  • Mandatory installation of an ignition interlock device, at the offender’s expense, in all vehicles owned and operated by the offender for a continuous period of up to six months.

The punishments for a first time DUI offenders can be increased in certain scenarios. These scenarios fall under what is called “enhancement statutes”. Generally, your first DUI offense is considered a misdemeanor, but certain circumstances can enhance a person’s first DUI to a felony.

If during the course of committing your first DUI, you cause serious bodily injury to another, the DUI with a serious bodily injury can be considered a felony offense of the third degree, which can result in imprisonment for up to five years, a fine of up to $5000, and other punishments.

Other enhancements can be applied if an individual is killed as a result of a first-time DUI offense, which is considered DUI manslaughter. Multiple aspects of the crime can affect the punishments rendered to a DUI manslaughter offender, and if you are ever charged with this crime, you should consult with first DUI lawyers immediately.

These enhancements and others apply to repeat DUI offenders as well as first-time offenders.

Second DUI Conviction :

People convicted of DUI for the second time face the following enhanced sentences:

  • A fine between $1,000 and $2,000.
  • Imprisonment for up to nine months.
  • Mandatory installation of an ignition interlock device, at the offender’s expense, in all vehicles owned and operated by the offender for a continuous period of up to one year.

Third DUI Offense :

People convicted of three DUIs face serious sentences. The third DUI has automatically deemed a third-degree felony if the third DUI was committed within 10 years of a past DUI conviction. The sentences imposed for a third DUI conviction in this situation are as follows:

  • Imprisonment for up to five years.
  • A fine of up to $5000.
  • Mandatory installation of an ignition interlock device, at the offender’s expense, in all vehicles owned and operated by the offender for a continuous period of up to two years.

If the third DUI offense is committed more than ten years after an offender’s last DUI conviction, the offender will face the same amount of time with an ignition interlock device, but the fine imposed is between $2,000 and $5,000 and the term of imprisonment cannot exceed one year.

Fourth DUI Offense :

A fourth DUI conviction, regardless of when it occurs, is considered a third-degree felony punishable by up to five years in prison and a fine of $2,000 to $5,000.

In addition to the penalties discussed, every DUI conviction carries with it a minimum period of revocation of the offender’s license, which can be found on the Florida Highway Safety and Motor Vehicles website.

If you have been arrested for DUI, contact a criminal defense attorney in Winter Park, FL.

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Passenger Rights

Along for the Ride: Passenger Rights in Vehicle Accidents

Although we are aware of the risks, driving is just a routine activity many of us do automatically, like brushing our teeth or grabbing a cup of coffee. We climb in the car intent on the destination or lost in thought, which is why automobile accidents are so jarring. Even a mild fender bender seems to stop everything in its tracks, instantly negating the importance of everything we were thinking or saying. Whether the situation results in serious injuries or none at all, it demands immediate attention. Passersby jockey to catch a glimpse of something interesting; police officers fill out reports; tow trucks haul away damaged cars. Sometimes, there aren’t even minor injuries, but, obviously, not everyone is so lucky. Trusting ourselves is one thing. Trusting someone else is entirely different. Every time someone gets into a passenger seat or the back seat, they're trusting that the driver will get to the destination safely. Some passengers are happy not to have the responsibility of driving; others have a hard time giving up control. Regardless of your feelings, where does that leave you if you're injured in a vehicle accident? The accident certainly wasn't your fault, so what exactly are your rights as a passenger? Recovering for injuries suffered as a passenger in a car, truck, or motorcycle accident is really a claim against an insurance company rather than against the driver himself. Passengers can file a claim under the bodily injury or liability insurance coverage of the driver or owner of any vehicle responsible for causing the accident. If that is insufficient, there may be coverage available under uninsured motorist or underinsured motorist policies. Injured passengers are also allowed to file a claim under their own Personal Injury Protection (PIP) and/or Medical ­Payments (Med Pay) policies. With all these funding possibilities, passengers should be able to secure compensation for their damages, though in no instance are they allowed to collect any more than the total value of their claim. Many passengers are initially reluctant to seek compensation for damages because the driver is a close friend. It’s important to note that in most situations, the driver will not even know of the claim because it will be settled by lawyers and insurance companies before it gets to trial. The strain on any personal relationships should be minimal unless the insurance company does not act in good faith to resolve the claim and it must be litigated instead. Even at that time and although the driver will be named in the lawsuit, the true conflict is between the driver’s insurance company and the passenger. There are special rules that apply when the passenger is related to the driver and shares the same household. In most of these cases, the passenger is barred from collecting under the driver’s liability policy because he or she is an “insured person” and such persons are not permitted to file a liability claim against their own liability policy. A claim can still be brought against other drivers who are at fault for the accident. Read also: TIPS TO KEEP YOUR KIDS SAFE IN A CAR The seat next to the driver has a reputation for being the most dangerous one in the car, even having been referred to as “the death seat.” Of course, it is more common to have one passenger than several, so the front seat is occupied more frequently than the rear seats. There is also some truth to the idea that in a crash a front seat passenger has nothing to stop him or her from being ejected through the window, whereas the driver has the steering wheel. Or, at least, that used to be the prevailing line of thought. The last few decades have brought about major advances in safety that have reduced the probability of being seriously injured while riding in the front seat. Seat belts, airbags, and crumple zones equally benefit drivers and front-seat riders. According to a study by the Insurance Institute for Highway Safety (IIHS) and the Children's Hospital of Philadelphia, adults over age 55 were more likely to die in a crash while seated in the back than in the front – even if they were wearing seat belts. The study found that adults in the rear were more likely than adults in the front to sustain chest injuries, and there was some evidence of an elevated risk of head and neck injuries for restrained women seated in the rear compared with the front. The IIHS also recently performed front-overlap crash tests of seven small SUVs and found that certain models may have a big gap in safety between drivers and their passengers. The seven models received good ratings after the front driver's side corner of the vehicle hit a barrier at 40 miles per hour, but only one model – the 2016 Hyundai Tucson -- rated as good when the same test was performed on the front passenger side. While three models received acceptable ratings and two models received marginal ratings, the 2015 Toyota RAV4 was rated as poor. The IIHS suspected that the difference was partly due to a greater emphasis on the vehicle frame and structure for the driver's side, but there is no excuse for inferior passenger protection. Read also: How To Shop For A Car With Your Teen Driver? If you were a passenger in a vehicle involved in a collision and were seriously injured as a result, or if you lost someone you love in such an accident, you should contact an experienced personal injury lawyer who can examine the circumstances of your case and advise you of your rights. Personal injury attorneys work on a contingency fee basis, which means you don’t pay them unless there is a settlement or verdict in your favor. Passengers with serious injuries are entitled to appropriate and thorough medical care for their physical, emotional, and psychological injuries suffered as a result of the accident, as well as full compensation for their pain and suffering, mental anguish, property damage, and lost wages. It is also critical that you at least consult with an attorney before speaking with an insurance company investigator or adjuster. Their job is to spend as little money as possible while quickly settling a large number of claims, and they are well-trained in the fine art of getting you to make statements that can come back to haunt you later. Since you are bound by what you say, it is often wise to let an attorney speak for you.

READ MOREDetails
car accident lawyers

5 Tips To Help You Choose The Best Car Accident Lawyers In 2021

Car Accidents are severe incidents in a person’s life. It can destroy a person, both mentally and physically. If you want to get justice in this regard, you must seek the assistance of the best car accident lawyers who can help you achieve your goals better. There are several things that you must consider from your end to get rid of this situation. Ensure that you have taken the necessary actions from your end to cross-check your car accident lawyers’ abilities so that you can win the case quickly. Better to say that you need to win these types of cases to get rid of these situations. Tips To Select The Best Car Accident Lawyers In 2021 You must consider several factors while you seek the assistance of the best car accident lawyers to develop your case. Therefore, let’s explore the facts to get a better insight into it. 1. Clear Communication A quality lawyer will help you in all possible ways to guide you in the right way that you can apply for getting justice in your car accident case. A quality car accident lawyer must communicate properly regarding his fees, values, and processes with you transparently. If you have any kind of queries in your mind, they will directly address them. A quality lawyer will try to address all your queries better to have zero doubts in your mind. You must not make your selection of lawyer wrong. 2. An Engaged Conversation A quality lawyer must ask you some of the detailed questions regarding your case. He must try to know the details of each and everything in your case. Better to say that he will show his interest in your case in detail. It will help you to understand that your lawyer is interested in your case. They will try to ask you some of the detailed questions about the case that shows what. Your legal goals are. Ensure that you have made yot selection of the lawyer in a better manner. 3. Willingness To Provide The References   Try to cross-check the reviews and the previous client’s opinion about your lawyer and guide them that you have made the right choices from your end. These references must speak about the lawyer’s reputation, and his track record will help you understand what kind of person he is. Do not go for a lawyer who doesn’t have the required references to handle you correctly. Ensure that you have made the lawyer’s selection in the right manner so that you can get the required amount back in your favor as per your requirements. 4. An Organized Office Space   The ambiance of the office of a car accident lawyer speaks more words than his voice. It will help you understand that an organized person will help you get the claim amount back in your favor as per your requirements. The more you can think proactively, the better you can get assistance from the lawyer. You need to ensure one thing from your end that if you want to seek quality lawyer’s assistance, they must make their full contributions from your end to get better assistance from him. 5. Experience Ensure that the lawyer has the required amount of experience in handling cases in a better manner. Ensure that they have the experience to handle the obligations of the court trials in a proper way. It will help you to get the right assistance from your end.  The lawyer’s experience will play a crucial role while you are planning to do your successful business. If you want to get the claim amount on time, you must seek an experienced lawyer to help you get the required assistance to get justice.  Signs You Have Made the Wrong Choice (...Should IMMEDIATELY Change Your Lawyer)  You shouldn't have to worry about whether you are creating a bad impression for the lawyer as a client. You should be more concerned about the impression they gave you, and if it is bad...it is time to fire your car accident lawyer.  It’s always frustrating to feel like you might have chosen the wrong lawyer. The good news is, you’re not married to them forever. If your lawyer isn't living up to their promises or your expectations overall, it's best to recognize that sooner rather than later. This is so you can do something about it—if anything else, your case can suffer.  No Communication - No Hiring  One of the first red flags is if your attorney isn’t communicating with you. Whether they never return calls, emails or keep you in the loop on your case. The point is, you want someone who looks at your issue as a priority and will keep on informing you about any updates.  If they aren’t, and you have to constantly seek them out for answers, then it might be time to look elsewhere.  Lack of Organization is A Big No  Another indication you’ve hired the wrong attorney is if your attorney doesn’t seem to be organized or prepared.  An attorney should be able to review the facts and issues of your case and have an instant grasp on what needs to be done.   If your attorney seems lost or confused, unable to tell you what steps you need to take, or their preparation lacks depth. If they don’t have a plan for how they are going to handle your defense- you probably aren’t in good hands.  Another good way to understand is through seeing their surroundings.  If your lawyer’s office is a mess and they seem unprepared when you meet, it’s a sign of disorganization. Although it is not given, if someone is unable to give you clear answers, and their surroundings are a mess, this could be a sign.  This behavior could carry over into how they handle your case, which can lead to missed deadlines and careless mistakes. An organized, focused lawyer shows professionalism and makes sure your case is on track.  Lack of Experience in Car Accident Cases  You want someone who specializes in and has experience with car accident cases.   If they don’t, it could hurt your case. Especially when there are legal laws exclusive to a car accident case.  Ask them if they’ve won any similar cases to yours before you tell them any of the details of your case.  Feeling Uncomfortable  Lastly, if you ever feel uncomfortable or uneasy working with your lawyer, trust your gut. Your lawyer is supposed to help alleviate some of the stress that comes with legal issues, not add to it.   If anything makes you feel anxious or unsure about them or their work on your case - listen to that gut feeling.  This is a sign that you should start looking for someone new.  At the end of the day, having confidence in your attorney can make all the difference in the world. So, if any of these eight signs sound familiar – don’t be afraid to look elsewhere for a better fit. You and your future are too important to stay somewhere that isn’t working.  Did You Hire Any?  Hence, if you plan to get the assistance of the best car accident lawyer, you must consider the above points from your end. Ensure that you have made the necessary preparations from your end.   The more you can think positively in this case, the better your chances are of winning the case in court. You must not make the wrong selection of the lawyer from your end. Develop a proper plan that can help you select the right car accident lawyer from your end.  More Resources: Your Federal Disability Attorney and Lawyers. Three Practical Tips And Techniques For New Trial Lawyers. 9 Money Tips For Millennial Injury Lawyers in Los Angeles.

READ MOREDetails
Criminal Attorney

How A Criminal Attorney Can Help You

It is the job of the Criminal defense attorney to represent those who are charged with a crime. These crimes can range from minor misdemeanors to major felonies. The punishment also varies from minor fines or community services to jail time. Representation during criminal proceedings is critical for those who are charged with criminal charges. In fact, the U.S commission promises to help all the citizens with representation with their criminal cases. If you are looking for one, there is a possibility that you are anticipating an arrest or a criminal case has been made against you. So, without further adieu, let us understand more about the functions of a criminal lawyer and why you should hire one.  Criminal Attorneys And What They Do Criminal attorneys are the lawyers who will defend you when you are accused of a crime. Here is how calling a criminal attorney can help you deal with an arrest. 1. Get You A Bail Getting bail in a criminal case seems impossible for many people, but when you dig into the profession and see things closely, you will understand that things can be changed with professionalism and experience. In a particular sector, experience matters the most, and your DC Criminal Lawyer can help you in the bailing process.  The expertise of a criminal lawyer is seen in the defensive approach. It is better having a Criminal Lawyer in DC to promote your bail process as quickly as possible.  2. Investigate The Case The investigation of a case is a must for every lawyer. Without proper investigation, you will not be able to establish a strong alibi for yourself. If you go on your own, you will have less chance to investigate the right areas at the right times.  Your DC Criminal Lawyer can manage things for you and also will be able to declare things before you expect them. They know where the heart of the case lies, and thus it becomes easier for them to investigate the particular things that can help the case to close quickly.  3. Gather More Evidence Without evidence, you will not be able to establish beyond a reasonable doubt to the court, and the judge will be forced to decide to prove you ‘guilty’. But, again, your efficient attorney can help you in such cases.  Your criminal attorney will work on the particular case and use the sources to gather evidence faster than others. Fresh evidence is what is needed in a case, and your attorney will look forward to collecting the fresh evidence to prove to the court that you are not guilty.  4. Protect Your Rights When you are convicted in a criminal case, it's time to protect your rights in all senses. Without protecting your rights, you will not be able to cope with the hardship of the law and its authorities. There are more than necessary things required to win a criminal case.  Human rights like talking to the lawyer and applying for bail, the right to be silent, and so on need to be protected by you, and your attorney will be the main stand for you in this process. 5. Teach Your Courtroom Etiquette Courtroom etiquette is the most important thing you must consider while processing the case. There will be more than one hearing you will have to face in the courtroom, and you have to maintain a polite attitude.  Standing when a judge enters the courtroom, always asking before leaving the place, making objectives in a particular manner, answering the questions with ease, standing when speaking, et cetera, are the key etiquettes to maintain. Your judge will be your teacher this time, and you will have the chance to show the judges that you are not supposed to be in the room.  Hire One Today! Now that you know every way a criminal lawyer can actually help you, it is time to hire one. No, you do not have to be arrested. However, if you are looking for this article, there is a possibility that you have already been deemed a suspect in a crime. Therefore hire one today, and understand your rights beforehand. Additionals: 7 Ways Criminal Defense Lawyer Can Help YouKnow Your Rights: Right Reserved For A Criminal SuspectHow to Choose the Best Murfreesboro Criminal Defense AttorneyHow To Find The Right Criminal Defense Attorney For Your Next Case?

READ MOREDetails