Florida DUI penalties that you need to know.

There are specific things that you should know about the difference in penalties if you receive more than one DUI in your lifetime.  Most first time offenders who receive a DUI will spend only a minimum amount of time in jail; however, this may vary on certain situations as well.  Home incarceration is the most common penalization for first time offenders as decided by most judges in Florida.  Work release can be another option for those who are employed and this will allow the person charged to still maintain some sort of normalcy by keeping his job.  In exchange for a work release, a forfeiture or loss of licenses will take place which will last not less than 180 days and not more than a year.

FIRST OFFENSE: A conviction for a first DUI usually results in different types of DUI schooling, such as psychological counseling, drug and alcohol counseling or a combination of any of the things mentioned.  There is also a fine of at least $500 or more.  First time offenders that do not have aggravating cases are punished in order to deter the person charged from having additional DUI charges in the future.  Higher fines will be charged, from $1000 to $2000, to those who are caught having a blood alcohol of .15 or higher or driving with a minor present in the vehicle during the arrest.  After reinstatement of the license, there is a mandatory 6 month ignition interlock system which will be placed on the vehicle of the person charged. It usually takes 180 days to one year to have licenses revoked with jail time of up to 9 months based on the judge’s decision along with a required participation on alcohol and drug counseling programs thereafter.

SECOND OFFENSE: Second time offenders are penalized based on the time interval between the first offense to the second offense.  Lighter penalties are granted to second time offenders who are proven guilty with a second offense beyond five years from the first offense.  On the other hand, graver penalties are granted to second time offenders who are proven guilty with a second offense within 5 years or less.  If you or your loved is convicted of a second DUI within 5 years or less, at least 48 hours of consecutive confinement will take place with higher fines ranging from $2000 and up.  After reinstatement of the license, there is a mandatory ignition interlock system which will be placed on the vehicle of the person charged. It is mandatory in the State of Florida to have a 5 year license revocation with a chance of a hardship license after 12 months for second time offenders with DUI convictions within 5 years or less.

THIRD OFFENSE: Third time offenders are penalized in relevance to the second offense.  There is a mandatory jail time of not less than 30 days and up to 5 years for cases with a time interval of within 10 years from the second offense to the third offense.  A person charged with DUI may possibly serve no time in jail based on the judge’s decision if the case falls on a time interval outside of 10 years from the second offense to the third offense.  Whether the third offense falls within or outside 10 years, both have ignition interlocks, mandatory license suspension and a fine ranging from $2000 to $5000.

Whether you or your loved one is a first time, second time or third time offender, you should be aware that there are aggravating circumstances which are felony charges that can incur additional penalties to your case such as serious injuries and vehicular homicide.

To know more about these penalties and how it can affect your specific case, please call a Miami DUI Attorney at Musca Law for a free case evaluation and one of our expert and well-experienced lawyers will contact you right away!