Drunk Driving: DUI & DWI

Gainesville, Florida DUI Lawyers

Because drunk driving is so dangerous, the penalties for being convicted of Driving Under the Influence - DUI - are extremely harsh in Florida. The state is serious about curbing injuries and deaths from alcohol and drug-related crashes.

Under Florida law, a DUI or DWI, driving while impaired, can be prosecuted by two different methods: by proving impairment of normal faculties or by proving a blood alcohol or breath alcohol level (BAC) of .08 or above.

You may be surprised to know that there is no 'legal limit' for driving with alcohol in your system - the State can actually prosecute you for DUI even if your BAC is under .08, or if you refused to provide a breath/blood sample, if it can prove that your normal faculties were impaired by alcohol or certain illegal substances.

You will need an experienced Florida DUI lawyer to help you potentially minimize the negative consequences of having a DUI or DWI on your record. Do not wait to hire a lawyer - if you refused to provide a breath sample upon request of law enforcement, and your license was suspended due to Implied Consent, you only have ten days from your arrest date to challenge the administrative suspension. Additionally, law enforcement has to follow certain rules when making a determination to pull you over, and when ultimately making an arrest. An experienced drunk driving lawyer can fully investigate and determine if those rules were followed in your case.

Below is a summary of some of the penalties you are facing if convicted for DUI. For your first conviction, the penalties are fairly straightforward; however, if you are facing a second conviction or more, the State Attorney and the judge have more flexibility with determining your fines, suspension time, and jail time.

FINES FOR DUI (not including court costs, probation costs, or other administrative costs)

• First Conviction: Between $250 and $500. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be between $500 and $1,000.
• Second Conviction: Between $500 and $1,000. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be between $1,000 and $2,000.
• Third Conviction (if it has been more than 10 years since your last DUI): Between $1,000 and $2,500. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be at least $2,000.
• Third Conviction (Within 10 years of your last DUI is a third degree felony): Not more than $5,000. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be at least $2,000.
• Fourth or Subsequent Conviction: Not less than $1,000. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be at least $2,000.

IGNITION INTERLOCK DEVICE

Second Conviction: you will have to pay to have a device installed in your vehicle for one year, which will require you to periodically provide a breath sample in order to start and operate your car. Third Conviction: the device will be required for two years.

COMMUNITY SERVICE

First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required. The Court has flexibility on the assigned community service beyond the first conviction.

PROBATION

First conviction: total period of probation and incarceration may not exceed 1 year. You will have a probation officer, random drug/alcohol screens, probation costs and any other probation requirements the court determines are appropriate. Participation in an alcohol treatment program is a common condition of probation ordered by the court.

JAIL TIME

• First Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.
• Second Conviction: Not more than 9 months. With BAL of .20 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.
• Third Conviction: 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.
• Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.

VEHICLE IMPOUNDMENT

Regardless of who owns the vehicle involved in the DUI, the vehicle has to be impounded, unless the family of the owner of the vehicle has no other transportation. First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration.

DUI CRASHES

Any person who causes property damage or personal injury (not serious) to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment, plus potential restitution to the victim/s).

FELONY DUI (Repeat Offenders or Accidents Involving Serious Bodily Injury)

• Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).
• Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.

DUI MANSLAUGHTER AND VEHICULAR HOMICIDES

• DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
• DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
• Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
• Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

DRIVER'S LICENSE REVOCATION

A. First Conviction: Minimum 180 days revocation, maximum 1 year.

B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.

C. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.

D. Fourth Conviction (Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.

DUI SCHOOL

• First Conviction: Must complete DUI school before hardship reinstatement.
• Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Must complete DUI school following conviction.
• Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school if ordered by the court.
• Treatment: Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.

OUR TEAM

The DUI lawyers at Avera & Smith in Gainesville, Florida are highly experienced in all forms of drunk driving criminal law and the defense of a charge of DUI or DWI. Having an experienced lawyer will provide you with the full knowledge of your individual Constitutional and administrative rights. Having represented hundreds of clients in the defense of DUI, DWI and other related charges, we pride ourselves on having significant criminal jury trial experience. Defending a charge of DUI requires an extensive knowledge of the law, investigation, and trial preparation and technique.

The State of Florida has experts in the field of DUI detection and prosecution. If you have been charged with DUI, you need the expertise of an experienced criminal trial lawyer. Typically, individuals charged with DUI or DWI will be required to appear in open Court, before a judge, to face the formal charges associated with the arrest.

To successfully prosecute a drunk driving charge, the State of Florida must prove all of the elements of the crime beyond and to the exclusion of a reasonable doubt. As such, the State of Florida will be zealously represented by drunk driving lawyers from the appropriate circuit's Office of the State Attorney, investigators and police officers. The DUI and DWI lawyers at Avera & Smith are ready to protect your rights and provide you with the highest caliber of criminal defense necessary to properly defend this type of serious charge.

Click here for a free DUI / DWI drunk driving consultation in Gainesville, Florida