DUI Charges & Offenses
In the State of Florida, driving under the influence (DUI) is not taken lightly. If you are found operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or higher you will face serious repercussions. It is also important to note that a DUI incorporates driving while under the use of other drugs, not just alcohol. If you were charged with a DUI it is imperative that you seek a criminal defense lawyer as soon as possible. Stout Defense, P.A. can provide you with a DUI attorney in Gainesville, FL.
DUI First Offense
A first degree offense DUI is almost always considered a misdemeanor in Florida. Generally, your license will be suspended for six months, if you refuse to submit to chemical testing when stopped it will turn into one year. First offenses carry fines ranging from $500 to $1,000, and can result in a maximum jail sentence of six months. Florida judges are also required to place all offenders on probation and order these persons to complete at least 50 hours of community service. With a DUI conviction, your car will also be impounded for 10 days, not overlapping with any time spent in jail.
DUI Second Offense
In Florida, a second offense is typically considered a misdemeanor as well. On a second DUI conviction, your license will be suspended for a period of five years if it had been previously suspended within the past five years as a result of your first DUI conviction. Second offenses within five years of a prior conviction will receive a minimum 10 day jail sentence, with a maximum penalty of nine months in jail. Fines range from $1,000 to $2,000 and an ignition interlock device is mandatory for at least one year. Your car will be impounded for at least 30 days.
DUI Third Offense
A third DUI offense will be considered a misdemeanor if the last two convictions were more than 10 years ago. If at least one conviction was within 10 years, it will be a third degree felony. Your license will be suspended for a minimum of 10 years if you receive a third degree felony, which can result in a minimum 30 days jail sentence to a maximum five years in prison. Fines for this offense range from $2,000 to $5,000 and an ignition interlock device will be installed on your car for at least two years. Your car will be impounded for at least 90 days.
DUI with Property Damage
If while operating a vehicle under the influence you cause direct or indirect damage to another person’s property, it will be classified as a first degree misdemeanor in Florida (provided this is your first conviction for DUI). If convicted, you will face up to 12 months in jail and 12 months of probation with 50 community service hours. There will be a minimum six month license suspension, fines of $1,000 to $2,000, and a 10 day impoundment of your vehicle.
DUI with Serious Bodily Injury
DUI with serious bodily injury consists of operating a vehicle while impaired and causing or contributing to serious bodily harm to a person. This offense is classified as a third degree felony. The penalties for a DUI with serious bodily injury can reach up to five years in prison or probation, and a $5,000 fine. There will likely also be a restitution award with the conviction to compensate the victim.
You will be convicted of DUI manslaughter if you have directly or indirectly caused the death of another person while driving intoxicated. A DUI manslaughter conviction is classified as a second degree felony and faces up to 15 years in prison or 15 years probation, with a minimum of 124.5 months in prison. Fines can go up to $10,000 and your license will be revoked permanently.
Gainesville Criminal Defense Attorney
If you have been charged with any variation of DUI, it is crucial that you contact a defense attorney as soon as possible. An attorney can give you the necessary counsel and build a strong case for you to reduce your sentence and penalties or even the charge itself. Adam Stout is an experienced Gainesville DUI lawyer at Stout Defense, P.A. who can help protect your future.