DUI – First Offense

DUI (Driving Under The Influence Of Alcoholic Beverages, Chemical Substances Or Controlled Substances). S. 316.193, F.S.

Under Florida law, you are guilty of DUI if your normal faculties are impaired or if your blood alcohol content (BAC) or breath alcohol level (BAL) is .08 or above.  Additionally, you can be convicted of DUI as a result of the consumption of Alcohol, Chemicals or Drugs.

What Are The Penalties For DUI – First Offense In Florida?

If convicted of DUI in Florida, and it’s your first offense, you are subject to the following penalties:

Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

  • Up to six (6) months in jail if your Blood Alcohol Content is between .08 – .14.
  • Up to nine (9) months in jail if you Blood Alcohol Content is .15 or above.
  • Up to nine (9) months in jail if there was a minor in the vehicle and your BAC was .08 or above.

At the judge’s discretion, your sentence may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

Driver License Revocation Periods for DUI – s. 322.271, F.S. and s. 322.28,F.S.

  • Minimum 180 days revocation up to a maximum 1 year.

Community Service – s. 316.193 (6)(a), F.S.

  • Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Probation – s. 316.193 (5)(6), F.S.

  • Total period of probation and incarceration may not exceed 1 year.

Fine Schedule s. 316.193(2)(a)-(b), F.S.

  • Minimum $500 up to $1,000.
  • Minimum $1000 up to $2,000 with BAC of .15 or higher.
  • Minimum $1000 up to $2,000 with a minor in the vehicle.

Impoundment of Immobilization of Vehicle – s. 316.193 (6), F.S.

  • Unless the family of the defendant has no other transportation: First conviction = 10 days;

Conditions for Release of Persons Arrested for DUI – s. 316.193 (9), F.S.

  • The person is no longer under the influence and;
  • The person’s normal faculties are no longer impaired
  • The person’s blood/breath alcohol level is lower than 0.05; or
  • Eight hours have elapsed from the time the person was arrested.

Business Purposes Only/Employment Purposes Only Reinstatements – s. 322.271, F.S. and s. 322.28, F.S.

  • First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement.
  • Mandatory ignition interlock device for up to six (6) months for BAL of .15.

DUI School Requirements – s. 316.193 F.S., s. 322.271, F.S., s. 322.291, F.S.

  • First Conviction: Must complete DUI school before hardship reinstatement. If you wait out the revocation period before reinstatement, you only need to show proof of enrollment or completion to become re-licensed.  If you enrolled and are reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed.

Adjudication and Sentencing – s. 316.656, F.S., s. 322.2615 F.S.

  • Penalty to be Imposed by Court: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute.
  • The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant’s blood alcohol was .15 or greater.

Special Defenses for DUI first offense!

As a former police officer turned DUI defense attorney, our law firm can easily identify all of the DUI defenses available in your case.  A DUI conviction can have life-long consequences such as a permanent criminal record, jail and thousands of dollars of fines and penalties.  If you want a fighting chance to be successful, you need to hire an aggressive, strong and experienced DUI defense lawyer immediately.  Call us immediately for a Free consultation.

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