DUI/DWI Defense

DUI stands for driving under the influence and is a serious criminal offense that can cause an enormous amount of problems in a person’s life if charged. DUI charges and penalties are created and enforced by state government and therefore are different in each state.

In Florida, a DUI is an offense that is proven by the loss of normal capabilities or an unlawful blood alcohol level of .08 or higher.

The state of Florida has several variables that impact the severity of the penalties that a person charged with a DUI will get.

These variables are:

• If it was the Driver’s first DUI

• If it was the Driver’s second DUI

• If it was the Driver’s third DUI

• If the Driver is under the age of 21

The penalties for a DUI charge in Florida are as follows:

Drivers First DUI

A driver’s first DUI charge has the following penalties:

A fine up to $1000

Suspended License (Minimum of 180 days and Maximum of 1 year)
50 Hours of community service hours
Probation (No more than a year)
Imprisonment (No more than six months)
12 hours of DUI school

If an adult is found driving under the influence with a minor present in the vehicle or has a blood alcohol level of .15, they can face up to nine months in prison and a $1000 to $2000 fine.

Driver’s Second DUI

A driver’s second DUI charge has the following penalties:

A fine between $1000 and $2000

Revoked license (Minimum of 180 days and Maximum of 1 year) if date of second DUI is over five years from the first DUI
Revoked license for five years if second DUI is within five years of the first DUI
Imprisonment (up to nine months)

If an adult is found driving under the influence with a minor present in the vehicle or has a blood alcohol level of .15 or higher they can face up to 12 months in prison and a $2000 to $4000 fine. If these circumstances occur and the second DUI is within five years of the first, then the adult has to face a minimum of ten days in jail.

Driver’s Third DUI

A driver’s third DUI charge has significantly higher penalties than the first two and is the last DUI charge a person can have without their license being revoked permanently. A driver’s Third DUI charge has the following penalties:

A fine between $2000 and $5000
Revoked license (Minimum of 180 days and Maximum of 1 year) if date of second DUI is over ten years from the first and second DUI

Revoked license for five years if third DUI is within ten years of the first DUI
Imprisonment (up to twelve months)
If the DUI is within ten years of the first two then a driver can be penalized with a five year sentence in prison and at the minimum will have to stay in jail for 30 days

If an adult is found driving under the influence with a minor in the vehicle or has a blood alcohol level of .15 or higher their fine will not be less than $4000.

For a fourth DUI charge, a person faces up to a $5000 fine, five years and prison, and will have their license revoked PERMANENTLY.

Driver Under 21

A driver under the age of 21who has a blood alcohol level of .02 will automatically have their license suspended for six months.

Other Penalties

Depending on the number of the DUI and the blood alcohol level, police can impound a person’s car for up to 90 days if they are driving under the influence.

Furthermore, in the state of Florida, a mandatory interlock device is installed in a person’s car once a person receives a second DUI charge. This device prevents a person form drinking and driving by checking their breath for alcohol every time they get into their car.

The Break Down of a DUI Charge from Start to Finish

There are a variety of points that occur when a person receives a DUI charge. The first part of the DUI process is the traffic stop and the last part, if a person decides to fight their charge, is the verdict in their court case.

The Traffic Stop

The start of the DUI process is when an officer pulls a driver over for a traffic violation, or the officer pulls a driver over because they have probable cause that a crime is being committed. If the officer has reason to believe that the individual driving the vehicle is under the influence of alcohol then the officer will begin to administer sobriety tests.

The Sobriety Tests

A portable breathalyzer test is the most common test that is utilized when a person is being suspected of driving under the influence. The breathalyzer test will calculate the person’s blood alcohol concentration (BAC) level and show if they have a BAC level of .08 or higher.

In addition, the officer may choose to administer a field sobriety test. This will consist of activities which will show the officer if the individual is experiencing abnormal coordination and functionality.

The three tests that have been approved by the National Highway Traffic Safety Administration in regards to a field sobriety test are:

The horizontal gaze nystagmus test (Involuntary eye movement)
The one leg stand test
The walk and turn test

A person has the right to refuse to take either test, but if they do so their license will automatically be suspended for a year or higher depending on the number of DUIs the person has.

The Arrest and Booking

Once the officer has determined that the individual is driving under the influence they will arrest the individual and start the booking process. At this point, the officer should have already read the individual their rights, letting the person know that anything that they say can and will be used against them in a court of law.

The police officer will handcuff and place the individual in the police vehicle and drive them to the nearest jail house for booking. The jail house will take the individual’s picture and fingerprints and place them in a holding cell.

The length of holding depends on various factors, such as criminal records, the number of DUIs, and the BAC level of the individual.

Bail

In Florida, a bond is usually set for a person charged with a DUI and a bail amount can be paid in order for the individual to be released.

Arraignment

The arraignment typically occurs within 72 hours of booking and is the process in which the individual will be explained the charges being brought up against them.

The arraignment is the breaking point in which the individual charged needs to make an important decision on how they are going to proceed with handling their case.

During the arraignment the individual will need to enter a plea of guilty, not guilty, or no contest. The no contest plea means that the individual does not admit to the crime but does not contest the charges.

The individual may opt for skipping the arraignment and settling the case immediately or feel as though they have a case to fight and enter a not guilty plea. At this point the individual will want to make sure they have an experienced lawyer to fight their case.

Hiring a Lawyer

It is a good idea to for an individual to contact their lawyer before the arraignment so that the lawyer can advise their client on the next best move. Every person has the right to defend themselves in a court of law and hiring a knowledgeable and experienced lawyer will ensure a person the best possible outcome.

Having a DUI charge will add points to a person’s license, cost money in fines, and will be visible on a person’s record which could lose a person their job or make it difficult to find one altogether.

Having a solid case and a skilled lawyer could eliminate the repercussions that come with a DUI charge and save a person thousands of dollars.

Court and Verdict

The final stage in the DUI process, if the case goes to court, will be the verdict. At court the defendant and their lawyer will plead their case, and if found innocent, all of the charges may be dropped and only legal fees would apply.

There are many consequences that come with having a DUI charge and many of the consequences could create hardships in a person’s life. It is beneficial for every individual facing a DUI charge to know their rights and learn about the defenses for a DUI charge.

Call Finebloom, Haenel& Higgins Today

Here at Finebloom, Haenel& Higgins we are about integrity and getting fast results to help defendants get the verdict they deserve. If you are charged with a DUI do not let it ruin your life, call us today and let us guide you on what your next move should be. We have been fighting DUI charges for over 30 years and we have the experience and knowledge it takes to get your charges reduced or dismissed.