Normally, those charged with first offense DUI, will spend minimum time in jail; and depending upon your circumstances, you may not have to spend any time in jail. Judges in Florida often prefer first time offenders to serve their time in home incarceration. This allows for monitoring without the high costs of incarceration. Another option for those that are gainfully employed is work release. This allows for minimum intrusion into one’s life; you’re allowed to keep your job and continue working. Most likely a loss or forfeiture of your licenses will take place that will last no less than 180 days; and no more than one year, however this is highly unlikely.
First offense DUI is often punished by some type of DUI schooling or psychological counseling, drug and alcohol counseling or a combination of these. As well, you can expect to pay a fine of $500 or more. The main punishments for first time offenders that do not have aggravating circumstances are meant to deter the accused from incurring more DUI charges
First time DUI offenders charged with having a blood alcohol level of .15 or higher or those driving with a minor in the vehicle are often given higher fines ranging from $1000 to $2000. As well, there is a mandatory 6 month ignition interlock system that will be placed upon your vehicle after your licenses is reinstated. Licenses are usually revoked for 180 days to one year and jail time may be given depending upon the judge’s discretion up to 9 months. As well, these offenders will most likely have to participate in some type of counseling or alcohol abuse program.
Second offense: penalties depend a lot upon when the first offense occurred. For those that had a second offense outside of five years from the first offense; you can expect lighter penalties than those that received their second offense within 5 years. For example, at least 48 hours of consecutive confinement must occur for those with the later of the two. Fines generally are stiffer, many times upwards of $2000. As well, both offenses have penalties of mandatory ignition interlock systems once your licenses are reinstated. However, the stiffest penalty to those receiving a 2nd offense within a 5 year period is license suspension. A five year license revocation; with a chance of a hardship license after one year, is mandatory in the state of Florida.
Third offenses: are punished in relevance to 2nd offenses. Those occurring within 10 years of the second require a mandatory jail time of no less than 30 days and up to 5 years; while those receiving their 3rd offense outside of ten years from the 2nd may be given no time; it’s generally at the judge’s discretion. Both have fines ranging from $2000-$5000 and mandatory license suspension and ignition interlocks.
Aggravating circumstances like serious bodily injury, vehicular manslaughter or vehicular homicide are all felony charges. Additional penalties will incur along with those mentioned above. For more information about these penalties or others mentioned above, please contact a Florida attorney at our firm today, either by phone or by filing out the free case evaluation form.
