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.

I enjoy writing and I write quality guest posts on topics of my interest and passion. I have been doing this since my college days. My special interests are in health, fitness, food and following the latest trends in these areas. I am an editor at Content Rally.

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Catastrophic Injuries

What Are the Common Causes of Catastrophic Injuries?

Accidents occur all the time, and many of them result in minor injuries. Sometimes, though, an accident occurs that causes catastrophic injuries to one or more parties. The damage is serious enough that it has lifelong consequences, often leaving the injured party permanently disabled. When a catastrophic injury occurs as a result of an accident that was no one's fault, it's bad enough for the affected person. When those same catastrophic injuries occur as a result of someone's negligence, it adds insult to injury. Find out about some of the most common causes of catastrophic injuries that could justify pursuing compensation below. 1. Vehicular Accidents Car accidents are quite common, and despite the impressive strides forward in safety made by automakers, they still frequently result in catastrophic injuries to drivers' and passengers' brains, spinal cords, limbs, and backs. Motorcycle, truck, and multi-vehicle accidents are the most likely to cause catastrophic injuries, but any car wreck can leave victims dealing with severe, lifelong consequences. When that happens, check out autojusticeattorney.com to learn about a law office that can help. 2. Pedestrian Accidents Pedestrian accidents are even more likely to cause catastrophic injuries than those involving only motor vehicles. Most car crashes involving pedestrians are caused by driver negligence. The driver refuses to follow laws, driving drunk, distracted, or at high speeds, so the pedestrian doesn't see the car coming. The resulting damage to the unprotected pedestrian can include head and spine injuries and long-term damage, including potential full or partial paralysis. 3. Slip-and-Fall Accidents When someone slips, gravity takes over and even an otherwise graceful person may wind up landing on his or her head, neck, or another sensitive body part. Often, these devastating injuries could be avoided with adequate maintenance. Don't believe the misconception about people faking falls in grocery stores, because the most common places where slip-and-fall accidents lead to catastrophic injuries are construction sites, sidewalks with black ice, and other people's properties that have not been maintained. 4. Medical Malpractice Medical malpractice isn't so much an accident as an incident of negligence, but it's also one of the most common causes of catastrophic injury, so it certainly deserves a place on this list. The most serious forms of medical malpractice often involve performing operations on patients that don't need them, amputating or otherwise operating on the wrong body part, leaving objects inside patients during surgeries, and misdiagnosing serious diseases. Other forms of medical malpractice include medication errors, negligent patient care, discharge errors, infections, and more. 5. Fires and Explosions Some industries require employees to work with hazardous materials every day. In these kinds of dangerous environments, which can occur everywhere from processing plants to restaurant kitchens, just one mistake can cause serious trouble for everyone nearby. If, for instance, a grease fire gets started in a restaurant kitchen that spreads and causes a fuel tank to explode, injuring workers and patrons alike, many of them will suffer not just surface burns but also catastrophic injuries. A Lawyer Can Help Accident victims don't have to suffer alone. Anyone who has suffered a catastrophic injury as a result of someone else's negligence or intentional malfeasance should contact an attorney. It's often possible to pursue compensation, which could make it easier to recover, make up for lost wages, and give accident victims and their families the resources they need to move forward. Read Also: What you need to know to win your slip & fall case Road Accidents And Personal Injury Lawsuits: How To Fight For Compensation What if Multiple People are to be Blamed for your Injury? Filing a Personal Injury Claim in Chicago

Medical Malpractice

What You Need to Know About Medical Malpractice

There is a certain standard of care expected when a medical professional is tending to your ailments – but what happens when that standard is not met or completely strayed from, resulting in further personal injury or harm? Medical malpractice is often cited as one of the top causes of death in the United States and is also a situation that can be nuanced and require much work to garner a positive outcome for those who are victim to it. Knowing what this term entails and how it applies to your situation – as well as enlisting professional help – may make the journey easier. Many people make the mistake of going at it alone. In other words, they feel that getting to the bottom of a medical malpractice lawsuit can be a simple DIY exercise. Not quite. If you are not working with top legal experts that have extensive experience in taking million-dollar medical institutions to court, you are not going to get the compensation you are looking for. Make sure to work with the Law Offices of William F. Underwood, III, P.C. if you are looking for a trained and qualified attorney that can help you with your medical negligence case. What is medical malpractice, and have I been a victim of it? The basic definition of medical malpractice is when a medical or health care professional deviates from the professional standards of care, thus providing inadequate care for the patient. Standard of care is a legal term seen as the proper amount of care given among similarly qualified practitioners under the same or similar circumstances. Breach of this care must be proven in medical malpractice and can be seen in various forms such as: Misdiagnosis or failure to diagnose Errors in prescribing drugs Misreading of lab results Intentional harm Injuries resulting from negligence Lack of follow-up care What should you do when you suspect you may have a case? An important part of filing a medical malpractice claim is gathering evidence in order to prove the medical professional’s breach of standard care was the direct cause of your injuries. This evidence can come in the form of witness testimony, establishing the doctor-patient relationship, proof of damages caused by the injury, and proof of how the practitioner’s actions were the cause of harm. Request medical records from your provider, begin to keep notes on your health and any incidents or outcomes related to your injury and contact an established medical malpractice lawyer to help navigate things. Understanding your case and how to move forward The process of medical malpractice can be complex, so you’ll want a professional on your side. A lawyer who specializes in this can review all aspects of your case to determine if it’s actionable and take the proper steps to ensure all paperwork and evidence are readily available to file a claim within your state’s statutes of limitation. Each state handles and defines medical malpractice differently, so having someone who is well-versed in it on your side is an advantage. When the breach of standard care occurs and is documented, you can file for damages such as medical expenses, pain, and suffering, emotional distress, or loss of wages, to name a few. A lawyer will help determine the best course of action for you. According to a 2020 Journal of the American Medical Association study, approximately 2% of those suffering from medical malpractice file claims for compensation- and even fewer receive the compensation they deserve. Understanding the why and the how of medical malpractice is the first step to healing and setting things right when you’ve been wronged. Don't forget to go through our exclusive discussion on medical malpractice problems in Miami. Read Also: Frequently Asked Questions about Personal Injury Cases Tips To Choose The Best Lawyer In Your Country How Cutting Edge Technology is Helping Dubai Improve its Healthcare Services

Truck Accident Claim

How to Handle a Denied Truck Accident Claim

Facing the aftermath of a truck accident can be an overwhelming experience, especially if your insurance claim has been denied. Understanding the steps to take following such a denial is crucial for protecting your rights and ensuring you receive the compensation you deserve. Understanding Your Claim Denial When an insurance company denies your truck accident claim, it's essential to understand the reasons behind this decision. Common reasons for denial include disputes over liability, lack of evidence, or policy exclusions. It's crucial to review the denial letter carefully and note any specific reasons provided. Gathering Additional Evidence After understanding the reasons for the denial, the next step is to gather additional evidence that supports your claim. This may include police reports, witness statements, medical records, and any photos or videos of the accident scene. Such evidence can be pivotal in challenging the insurance company's decision. Reviewing Your Insurance Policy It's also important to review your insurance policy in detail. Understanding the coverage, limits, and any exclusions can provide insight into why your claim was denied and how to address the issue. Filing an Appeal If you believe your claim was unjustly denied, filing an appeal is your next step. This involves submitting a formal letter to the insurance company, outlining why you believe the denial was incorrect, and providing additional evidence to support your claim. Understanding the Appeals Process The appeals process can be complex and time-consuming. It's crucial to adhere to all deadlines and requirements specified by your insurance company. Being organized and thorough in your appeal can increase your chances of a successful outcome. Seeking Legal Assistance Navigating the appeals process can be daunting, especially while recovering from an accident. Contacting a Gainesville Truck Accident Attorney from Meldon Law can provide you with the expertise and support needed to challenge the denial effectively. Legal Action After a Denied Claim If your appeal is unsuccessful, taking legal action may be necessary to pursue the compensation you deserve. Filing a lawsuit against the insurance company or the party at fault for the accident can be a complex process that requires a deep understanding of personal injury and insurance law. Understanding Your Legal Options A qualified attorney can help you understand your legal options and the best course of action based on the specifics of your case. They can also represent you in court, if necessary, and work tirelessly to secure a favorable outcome. The Importance of Timely Action It's important to act quickly after a claim denial. There are statutes of limitations that limit the time frame within which you can file a lawsuit. Consulting with an attorney as soon as possible can ensure you don't miss any critical deadlines. Preventing Future Claim Denials To prevent future claim denials, it's essential to understand the common pitfalls in the claims process and how to avoid them. Ensuring prompt and accurate reporting of the accident, thoroughly documenting your damages and injuries, and adhering to your policy's requirements can mitigate the risk of a denial. Staying Informed About Your Policy Regularly reviewing your insurance policy and staying informed about any changes or updates can also help prevent misunderstandings and ensure you have the coverage you need. The Role of Legal Representation Having legal representation, especially in complex truck accident cases, can provide you with an advantage. An attorney can help ensure your claim is filed correctly and advocate on your behalf throughout the process. What are the general reasons For Truck Accident Claim Denials? Did you know there might be several reasons the truck accident claims were denied? Below are the reasons why the truck accident claim was denied.  1) Lack Of Sufficient Evidence  One of the most common reasons for truck accident claims being denied was because there was inadequate evidence. Insurance companies require documentation such as medical reports, police reports, and witness statements toto evaluate claim validity. They need to compile the accident evidence to deny or refuse your claim.  2) Missed Deadlines  If you fail to file the insurance claim, this can result in denied insurance. It is also crucial to be aware of and adhere to such deadlines to avoid unnecessary complexities.  3) Disputes Over Liability  Insurance companies might dispute liability, especially in cases where the fault is unclear. Furthermore, if the insurance company believes you have shared some responsibility for the truck accident, they might refuse or reduce the claim’s importance.  4) Inadequate Coverage  If the fault party of the insurance policy doesn’t have sufficient coverage to compensate for your insurance losses, this would lead to the denied claim. In this case, your insurance policy might come into play. But this can still be a complicated procedure.  5) Policy Exclusions Some insurance policies have exclusions. This might not cover such specific accidents or even damages. This is essential to review your policy and understand the limitations.  What are the things you must understand about truck accident claims? Before looking into why your truck accident claim might get denied, this is most important to understand how truck accident claims work. Here are the things that you must know regarding the truck accident claims.  1) Medical Expenses  Did you know that medical expenses refer to the costs for diagnosing, rehabilitating, and treating injuries sustained in any accident? These expenses include doctor’s visits, surgeries, prescription medications, etc. In the context of personal truck injury, this will result in several things, such as accidents, medical expenses, car repair expenses, etc. 2) Pain and Suffering  Have you heard about pain and suffering, which describe the emotional and physical distress experienced by the individual? This will result in an accident, injury, or other harmful events. This encompasses both the emotional and physical trauma endured due to the truck accident. Pain and suffering damages are less straightforward than medical expenses or lost wages. But they are crucial in personal injury claims.  3) Lost Wages Did you know that lost wages refer to the income that an individual can’t earn due to illness, injury, or other circumstances that will prevent them from further working? If someone sustains an injury in any accident, they might miss work days or experience a reduced capacity to hold the job. This will result in the loss of income.  4) Property Damage  Another thing that needs to be kept in mind is property damage. This will cause you personal property damage due to an accident, natural disaster, or other adverse events. Furthermore, this will also damage vehicles, personal belongings, or other assets.  Conclusion Dealing with a denied truck accident claim can be frustrating and disheartening, but it's important to remember that you have options. By understanding the reasons for the denial, appealing the decision, and possibly pursuing legal action, you can fight for the compensation you deserve. Remember, contact a Gainesville Truck Accident Attorney from Meldon Law when you are in need of guidance and support needed to navigate this challenging process. Read Also: Calculating Damages In Truck Accident Claims: Evaluating Medical Expenses, Lost Wages, And Pain And Suffering When Health Meets The Law: Coping With Truck Accident Injuries Truck Accidents: Determining Fault By Location Of Damage