If I Get Caught Drunk Driving, What Are the Possible Penalties?
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Different states may have different penalties with regard to drunk driving. These penalties vary widely on a lot of factors and the most common grounds are the frequency of the offense committed. Most states impose a minimum punishment on first-time offenders. First-time offenders are usually penalized with suspension of the license for a certain period of time and completion of an alcohol rehabilitation program. A second-time offender normally receives a heavier penalty. As an example, second-time offenders may be penalized with as much as a 2-year license suspension or revocation. Some states even impound the vehicles of habitual offenders or even those who are habitual drivers to minimize possible drunk driving cases.
In terms of rendering service in jail, it all depends on the situation; however, for repeat offenders it is an assurance that they will be facing jail penalties. In order to discourage people of drunk driving, some states even penalize first-time offenders by requiring that they spend time in jail. Mandatory alcohol rehabilitation programs, rendering community service and payment of heavy fines will always be there and will only vary on their combination and time of completion per penalty depending on the state and the discretion of the judge handling your case.
Florida DUI Defense Strategies
There is a fine line in either being successful or losing a case in terms of facing a Florida DUI charge and this often lies in the hands of the expertise of the lawyers representing on behalf of their clients. To assure that you receive the best service that we can offer, it is extremely important that you find a Florida DUI Lawyer that will always review each specific case carefully in order to ensure them of success and in order to provide the best defense needed to win the case.
You should be aware that each DUI case is unique and should not be treated simply. Thus, it is in the hands of the DUI lawyer to review each detail carefully and use the available facts of the case properly in order to present the best defense needed for the client’s sake.
To provide the best defense possible and if you think that any of the things stated are somehow relevant to you or your loved one’s case, give us a call now so we can help you. The list below are possible DUI defense strategies that you can use which can have a good effect and may increase your possibility of winning the case.
- Police corruption and misconduct.
- No probable cause to pull you over by the police officer.
- No probable cause for the arrest by the police officer.
- Stopping the vehicle on illegal grounds.
- Improper administration of the breathalyzer.
- Improper administration of field sobriety test.
- Field sobriety test failure due to circumstances such as illness, injury, conditions, or other outside causes.
Penalties for a DUI in Florida
Drunk driving has become one of the most common criminal offenses across the United States. Despite the frequency of a DUI or Driving Under the Influence charge, it must be taken very seriously in every state and especially Florida. It can immediate effects such as penalties, fines, and legal fees, as well as other long-lasting effects like present difficulties obtaining employment and other professional licenses or certifications. If you are facing a DUI charge, it is important to contact a Florida DUI Lawyer to discuss your rights.
The penalties and fines for a DUI charge in Florida are increasing in severity as each year passes. The fines that exist for a Florida DUI conviction can range from a minimum of $250 to a maximum of $2,000, depending on whether the DUI arrest is a first-time offense or if there are other factors which might aggravate the charge.
- 1st DUI Conviction: 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.
- 2nd DUI Conviction: 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.
- 3rd DUI Conviction More than 10 years: 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.
- 4th or Subsequent DUI Conviction: Not less than $2,000.
Additionally, Florida Statute s. 316.193(6)(a) provides a mandatory 50 hours of community service or additional fines of $10 for each hour of community service required and the total period of probation and incarceration for a first offense DUI may not exceed 1 year.
The advantage of hiring a DUI Lawyer who has a proven track record of handing DUI charges is extremely important and can make the difference in your case being dismissed or your spending time in jail. If you or someone you care about has been charged with a DUI, the best thing to do is to contact a qualified DUI attorney for a free consultation at once.
The Ultimate DUI Solution
DUI or Driving Under Influence charges are very serious according to the Florida DUI laws. A DUI can make you lose your driver’s license, pay a very high fine or even put you behind bars. There are many DUI specialized lawyers in Florida who are well experienced in handling such cases. Most of the clients who approach these lawyers are saved without severe punishment. If you have been arrested for a DUI, you need to consult a Florida DUI Lawyer immediately. You only have 10 days to request a formal review hearing with the Florida DMV.
The seriousness of Florida DUI laws makes it inevitable for the client to take the advice and service of an expert Florida DUI Lawyer. Each county in Florida has its own local laws regarding DUI cases. So, it is very essential either to know of the State and local laws or to have contact with a specialized lawyer. Make sure that you find a DUI lawyer who is capable of protecting your rights.
As drunken driving cases are reported in large numbers in Florida, the penalties that are handed down for a DUI are becoming more and more strict and harsh. Unless you have a good Florida DUI Lawyer who can take care of you, the chances are very high for you to get punished severely.
Florida DUI Breath Test
The breath test is a device that detects and measures alcohol in expired air so as to determine the concentration of alcohol (Blood Alcohol Content) to a person suspected of DUI of alcohol or drugs and is commonly administered by law enforcements.
People charged with DUI are usually proven guilty once the result of the breath test results, which is the strongest piece of evidence against the person charged, prove that he or she is driving under the influence. However, it is not at all times that the result of the breath test is the ultimate determining factor that can prove a person charged as either guilty or innocent. There is still a way for lawyers to suppress the results of the breath test by finding a way out of such case through proper review of details and available facts in order to formulate the best defensive argumentation. The breathalyzer is a device which can malfunction when not administered properly and this can be a good defense on the part of the person accused with DUI. An experienced Florida DUI Lawyer has the necessary skills to advise you about the results of a breath test and help asses the validity of the final result.
There are certain factors which could lead to the malfunction, inaccurate results and improper use of the device and these are:
- The breathalyzer was not certified.
- The breathalyzer was improperly calibrated.
- The police officer failed to administer the test properly and instead went on with the test by instructing “keep blowing”
- The police officer could have possibly interfered with the results because he or she was so busy with other things.
- Having a higher and inaccurate reading due to instances of having a drink prior to the stop.
Florida DUI Lawyer for Your Criminal Defense
Unfortunately, a criminal arrest can an extremely negative connotation. Whether it is something that occurred ten to twenty years ago while you were in college, or something that happened last weekend in a moment of stupidity, society tends to look at the result instead of the actual action and simply judge or label the offending party as a bad influence. This can happen with a wide variety of criminal offenses, including traffic violations, DUI or driving under the influence, white collar crimes, corruption, theft, or murder or manslaughter. Whether the offense was a simple traffic charge or a more serious crime, you must fight to defend your rights and freedoms, and an experienced, aggressive and diligent attorney is a critical step to fighting what often can be an uphill battle. Therefore, you must look to retain a professional lawyer to help defend your rights.
This is especially true in the instance of a charge for driving under the influence. With so much political and social pressure to give harsher penalties for DUI offense, an experienced Florida DWI Lawyer is a critical piece in your defense. An experienced DUI attorney will properly analyze your case, research any loopholes or defenses, and then advise and defense your rights vigorously. Quite often, the lawyer you choose can be the difference between having the charges against you dismissed or spending time in jail. If you are facing a DUI charge, you must speak to a Florida DUI Lawyer immediately, as you only have 10 days from the date of your arrest to request an administrative hearing with the Florida DMV.