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

Probate Fees

Probate Fees 101: Breaking Down The Different Costs Of Probate In NSW

Probation is a vital legal process for handling the estate of a deceased person. In New South Wales (NSW), understanding the various costs associated with probate is crucial for estate administrators. This article aims to provide a detailed view of the different expenses involved in the probate process in NSW. We will delve into each component, offering insights to help you navigate the cost of probate NSW. What is Probate? Probate is a legal process necessary to ensure that the wishes of a deceased person accomplish according to their Will. It involves presenting the Will to the Supreme Court of NSW to verify its validity and to grant the executor the authority to administer the estate. This process can be complicated and also time-consuming, but ensuring that the estate is distributed fairly and following the deceased's wishes is essential. If you have recently lost a dear one and are unsure about the probate process, you should seek the advice of an extremely qualified and highly experienced legal professional who can guide you. Understanding Probate Fees Probate fees can include a range of expenses incurred during the probate process, which is the legal procedure of administering a deceased person's estate. Some of the costs of probate NSW may include legal, court, and executor fees. The complexity of the estate can play a role in determining the overall cost of probate, as more complex estates may require more time and resources to manage. The specific services required during probate can also impact the total cost. For example, if the estate involves disputes or challenges to the Will, this can increase the overall cost of probate. Court Fees One of the primary expenses in the probate process is the court fees. When filing for probate in NSW, one must pay an application to the Supreme Court. The fee is calculated based on the estate's value, determined by the gross value of the deceased's assets. It is essential to gather accurate asset valuations to determine the appropriate cost of probate NSW. Executor's Commission The estate executor, responsible for administering the assets and distributing them according to the Will, is entitled to receive a commission for the offered services. The commission is usually a portion of the estate's value and is subject to court approval. This commission compensates the executor for their time, effort, and responsibility in managing the estate. Legal Fees Engaging a solicitor or a law firm to assist with the probate process is common practice. Legal fees can vary depending on the complexity of the estate and the services required. It is advisable to obtain a detailed breakdown of the legal fees before engaging legal professionals. The legal fees typically cover services such as reviewing the Will, preparing and filing probate documents, communicating with beneficiaries and creditors, and providing legal guidance. Accountant Fees When it's about managing the financial aspects of the probate process, it may be beneficial to seek the assistance of an accountant. They can provide valuable expertise in ensuring accurate financial reporting and preparing estate tax returns. Additionally, they can offer sound advice on complex financial matters related to the estate. The cost of probate NSW charged by accountants will depend on the services provided, with hourly rates or a percentage of the estate's value being the most common payment structures. Ultimately, enlisting the services of an accountant can help ensure that the probate process runs smoothly and efficiently, giving you peace during a potentially stressful time. Valuation Fees To accurately determine the value of the deceased's assets, it may be necessary to obtain professional valuations. Valuation fees can apply to properties, investments, collectibles, and other valuable assets that form part of the estate. Professional valuers assess the fair market value of the assets, considering factors such as current market conditions, asset conditions, and demand. These valuations are crucial for estate accounting and distribution purposes. Advertising and Notice Fees As part of the probate process, placing advertisements or publishing notices in newspapers to notify potential creditors and beneficiaries is often required. These advertising and notice fees can vary depending on the publication and the duration of the advertisement. Giving public notice ensures that any interested parties can come forward with any claims against the estate or assert their rights as beneficiaries. Other Miscellaneous Costs Apart from the fees mentioned above, there is also another miscellaneous cost of probate NSW. These include postage, courier fees, photocopying, and document certification charges. These smaller costs can add up, so it is important to record all these expenses for accurate accounting purposes. Maintaining detailed documentation of every expense is advisable to ensure transparency and accountability. Summing Up Probate fees in NSW encompass a range of costs essential to an estate's successful administration. Understanding these expenses is crucial to effectively manage the probate process, from court to legal and accountant fees. By breaking down the different costs, we hope this article has provided you with valuable insights to navigate the complexities of the cost of probate NSW. Probate fees in NSW can be significant but essential to ensuring a smooth and legally valid estate administration. By being aware of the various expenses involved and seeking professional guidance, you can navigate the probate process with confidence and efficiency. Probate Consultants offer their services at reasonable prices and ensure their clients can relax while they complete all the court formalities. So, contact them and provide a worry-free grant of the probate procedure. Read Also: 10 Estate Planning Tips to Help You Prepare for the End 5 Easy Estate Planning Tips to Help You Plan for the Future Surviving Loss: What to Do With an Estate After You Lose a Loved One

READ MOREDetails
Premises Liability

Premises Liability in Indiana

What is Premises Liability? Premises Liability is the legal idea that if someone is injured on your property due to unsafe structures, mismanagement, or other instances of dangerous conditions, you are liable for the injury. Property owners are expected to maintain safe conditions on their property, and if they fail to do so, are held responsible for any accidents that may occur due to their negligence. If you or a family member have been injured on someone else's property, you may be eligible for financial compensation due to medical bills, lost income, distress, pain, and suffering, or wrongful death. What are Indiana's Laws on Premises Liability? Indiana determines Premises Liability based on the nature of the injury and the nature of your presence on the property. The injuries could be from things such as a dog bite, a slip, and fall due to improper maintenance, falling objects, exposure to dangerous substances, or a variety of other hazardous scenarios. In addition to the nature of your injury, Indiana considers the circumstances of your presence on the property when deciding the owner’s “duty of care.” This is divided into three categories: Invitees - Invitees are held in the highest regard in a Premises Liability case, as they are invited onto the property from the owners. It is the responsibility of the owner to suitably warn an invitee of any potential hazards or dangerous conditions. If the property owner has invited an individual onto their property and failed to properly warn the invitee of a hazard that resulted in injury, they are held liable. Licensees - A licensee is an individual who has permission to access a property, but for their own purposes. The property owner is still has a higher “duty of care” to a licensee than a trespasser, but only in that they must inform a licensee of a hazardous condition if the owner explicitly knows about the hazard, or that it is very likely the licensee would be unable to identify the hazard on their own. Trespassers - Trespassers have the lowest duty of care in an Indiana Premises Liability case, because they have entered the property on their own accord, and without permission from the property owner. This does not always mean that they are not entitled to compensation due to an injury, but the circumstances are generally more complicated. If the trespasser is a child, there is a higher duty of care than an adult who knowingly enters a property without the express permission of the property owner. I’ve been injured, should I consider a Premises Liability suit? Regardless of the circumstances of your injury, it is in your best interest to consult with a personal injury attorney in Carmel Indiana regarding your situation. Many law offices will provide a free consultation to explore the circumstances of your injuries, the hazardous conditions that led to your injury, and your rights. There is a statute of limitations for any Premises Liability suits in Indiana, so it is recommended that you pursue this case in a timely manner. Read Also :  What You Need To Know To Win Your Slip & Fall Case How To Choose A Personal Injury Lawyer

READ MOREDetails
Picking the Right Law

Picking the Right Law Firm for You and Your Family

The law field is a very lucrative industry in the modern business world. No wonder you will see so many law firms cropping up within the region. Most of these firms have very big names but the most important thing is the level of service provision. Here are some tips on how to choose the right law firm for you and your family. Area of Specialization Different law firms specialize in various areas of practice. For instance, you cannot expect a personal injury lawyer to handle a real estate case with high levels of precision. You need a specialized firm to handle your case depending on the nature of the legal battle. You can find both general and specialized law firms. Most people will advise you to go for a specialized law firm whenever you are looking for legal expertise. However, even a general firm should have specialized attorneys in your area of interest. For instance, a firm like Wyskiel, Boc, Tillinghast & Bolduc handles cases related to injury, social security disability, compensation of workers, trust, probate & estate plans, zoning and real estate transactions, divorce, child custody, and business law issues very well. You can be sure that such a company will handle different legal issues for your family without compromising on the quality of service. Level of Experience You also want to look at the number of years the preferred firm has been in operation. A good firm should have been in this industry for several years. You need to hire a brand that has passed the test of time. a high level of experience shows that the company has handled different types of cases. It is easier to evaluate a firm that has been in existence for a long period. Therefore, you should not hesitate to ask the law firm how long they have been operating a business in this industry. The legal experts should also share with you some of their success stories and pitfalls over time. It is important that you consult with an attorney and find out the exact court hours in an experience that they have had. Higher the years of experience, more suited are they to represent your legal case. A good experience is also a sign of extensive networking. In other words, someone who has been in the legal circuits for a long time, knows the law enforcement officials, all the judges, and all the other officials working in the judicial departments. This can help you with everything from favorable treatment with the police to getting your paperwork filed in time. Professional Background of the Practitioners You also need to hire well-trained legal professionals to serve you and your family. Professional training forms the foundation of a successful legal career. On the other hand, the right experience is the building block for legal practice. Therefore, you need to combine the right training and experience to get the best that the market has to deliver. Make sure the attorneys who are serving you have the right credentials from leading law training universities in the region. Certification A good law firm should be certified by a professional body that operates within your region. Certification talks so much about the level of professionalism. Confirm whether both the law firm and individual lawyers are certified. Always choose certified legal practitioners over those who are not certified. Licensing of the Firm This point may seem to be obvious but you need to do your due diligence and make sure that you are employing a licensed professional.  Licensing shows that the firm has met some minimum requirements to operate in the industry. No licensed business wants to engage in non-ethical practices because the authority may withdraw the permit. You will be sure of being in safe hands if you choose a law firm whose licensure status is up to date. Pricing Cheap is not always the best when looking for the right law firm. The most important thing is to get the value for your money. look for a law firm that will give you the best service at the most cost-effective price. The only way to achieve this objective is to do a lot of research on the available law firms in the region. Reputation Some businesses over-promise clients but end up underdelivering. Reputation in the market is critical when looking for a lawyer. Go through the company website and other online sources to see what past and existing customers have to say about the service provider. The good thing with past clients is that they will always give an objective view of the kind of services they receive. Easy-to-Understand Legal Advice   A key point missing is easy-to-understand advice. Sometimes, legal language can be overwhelming.   When choosing a law firm, choosing one that explains things clearly is important. You should feel comfortable asking questions and understanding what’s happening with your case at every step.   Building Trust Through Communication   It’s also important that your lawyer is someone you can talk to openly. Look for a law firm that stays in touch, keeps you updated, and takes time to listen.   You don’t want to feel left in the dark or like another case file.   Personalized Attention   Some law firms may juggle many clients simultaneously, which can lead to your case being deprioritized.   Ensure that your chosen firm gives your case the personal attention it deserves. Ask questions about case management, such as who will handle your case and how often you’ll receive updates.   Carefulness is a Must!  You need to be extremely careful when choosing a lawyer for you and your family. The above tips will help you to make informed decisions when looking for the right law firm.    The most important thing is to get everything right from the onset so that you don’t regret it afterward.  Read More: Choosing & Relying Upon The Best Personal Injury Lawyers Citizenship By Investment Program At CSB Group

READ MOREDetails