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D.U.I. Defense at the Law Office of Maggie Jo Hilliard, P.A.

 

          If you have been charged with Driving Under the Influence, you face criminal and administrative consequences.  Additionally, an arrest or conviction may result in increased insurance rates, loss of your job or the inability to operate company or personal vehicles.  Getting the advice and representation of an experienced attorney is essential.  Within 10 DAYS of you D.U.I. arrest, you have the opportunity to request an administrative review hearing with the DMV.  If you fail to request this, you lose the right.  The prosecutors are quick to withdraw plea offers after time has passed as well.  Be mindful that timing and experience can be on your side if you act now. 

 

          The laws are clear with regard to D.U.I., and the punishments are not as variable as other crimes.  The legislature has a detailed outline of your punishment if you plea to your charges. 

 

Definitions & The Law: 

 

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

The Penalties:

First Conviction

 

Fine: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.

 

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

 

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

 

Imprisonment:  At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.   Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months.

 

Impoundment or Immobilization of Vehicle: Unless the family of the defendant has no other transportation: 10 days.  Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

 

Driver License Revocation Period: Minimum 180 days revocation, maximum 1 year.

 

Business Purposes Only/Employment Purposes Only Reinstatement: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15.

 

DUI School Requirement: Must complete DUI school before hardship reinstatement. Those who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If you enroll and your license is 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.

 

*With Damage: Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).

 

Second Conviction


Fine: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.

 

Imprisonment:  At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.  Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

 

Impoundment or Immobilization of Vehicle: Unless the family of the defendant has no other transportation: if second conviction within 5 years = 30 days.  Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

 

Driver License Revocation Period: If second conviction is 5 years or greater than first conviction, then it is the same as a first conviction. If Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year.

 

Business Purposes Only/Employment Purposes Only Reinstatement: Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.

  • Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .15.


DUI School Requirement: If second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): you must complete DUI school following conviction.

 

*With Damage: Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).

Third Conviction

 

Fine: If More than 10 years from second, Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.

 

Imprisonment:  At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.  If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.

 

Impoundment or Immobilization of Vehicle: Unless the family of the defendant has no other transportation: if third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

 

Driver License Revocation Period: Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as first-time convictions above; one conviction more than 10 years prior and one within 5 years, same as second-within-five-years conviction above.

 

Business Purposes Only/Employment Purposes Only Reinstatement: Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement.  Mandatory ignition interlock device for two years.

*With Damage: Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).

 

DUI School Requirement: For a third Conviction in 10 Years (10-Year Revocation): You must complete DUI school following conviction. See requirements in 13C and 13D respectively.

 

Fourth or Subsequent Conviction

Fine: Not less than $2,000.

 

Imprisonment:At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.

 

Driver License Revocation Period:  Fourth Conviction, Regardless of When Prior Convictions Occurred: Mandatory permanent revocation. No hardship reinstatement.

 

Other Statutes

 

DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.

 

 

 

Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

 

 

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

 

Commercial Motor Vehicles (CMV) – Alcohol-Related Convictions and/or Disqualifications -s. 322.61, F.S.

 

 

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

 

1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;

2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;

3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and

4. Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).

5. Ignition interlock device required for two years.

 

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

 

 

 

 

 

 

Chemical or Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S

 

 

 

 

 

 

 

 

Time is of the essence, and there are deadlines fast approaching once you are charged with a D.U.I.  Call the Law Office of Maggie Jo Hilliard, P.A. today at (904) 247-7600 for more information, and to schedule a detailed factual review and consultation.