Florida DUI and Fines

DUI (driving under influence) or DWI (driving while intoxicated) is a serious offence in Florida. It is treated as misdemeanor or traffic crime or even felony in some cases. Driving under the influence of intoxication from alcohol or drugs may result in accidents and is very risky for both the driver as well as other people on the road. Every person who operates a motor vehicle is liable under “implied consent” to take a chemical breath test when suspected of drunk driving by an official. DUI can be proved by impairment of regular faculties. There could be blood tests and urine tests also for determining the levels of alcohol in blood and urine. Refusal to take these tests would result in confiscation of the driving license for a year. Intoxication levels higher than 0.08 (grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath) are unacceptable. DUI comes under the DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances law s. 316.193, F.S.

Upon conviction of the crime, DUI attracts several kinds of punishments including fine, community service, loss of license, vehicle immobilization and may be even jail term. The fine schedule under DUI is given under s. 316.193(2)(a)-(b), F.S. The fine for the first conviction starts from $250 and may go beyond $500. For blood/breath alcohol levels (BAL) of 0.20 or higher, or for having a minor in the vehicle, a minimum fine of $500 can be imposed. It can go beyond $1000. Second convictions attract a minimum fine of $500, and it can be more than $1000. When the BAL is 0.20 or higher, or if there is a minor in the vehicle, the fine can range from $1000 to $2000 or beyond.

Third conviction (more than 10 years) means a minimum fine of $1000 to $2500 or more. BAL of more than 0.20 or having a minor in the vehicle would mean a fine of not less than $2500. Fourth of subsequent conviction attracts a fine not less than $1000 and $2000 for BAL of 0.20 or having a minor in the vehicle.

50 hours of mandatory community service is also given for first convictions or an additional fine of $10 is slapped on for each hour of community service required.

Florida DUI Arrests

A lot of road accidents are caused by drunk driving, so firm action has been made against it in the form of legislation. Florida is one state that takes Driving Under the Influence (DUI) seriously. DUI in this state has severe consequences. Strict measures against it are enforced by the Florida Police and the Florida Department of Highway Security and Motor Vehicles (FDHSMV).

According to the law

Under the "Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances" law, a DUI arrest can be made if the driver is detected to have at least 0.08% of alcohol present in his urine, blood sample, or breath. Immediate legal action is taken and the defendant has until ten business days to make a special plea in order to repossess his revoked license. If the driver fails to do this, his license will be confiscated for six months or longer, depending on the case. If the DUI caused minor accident or vehicular homicide, then there are longer procedures or even jail terms.

Consequences

A DUI arrest could mean loss of license, fine, community service, permanent criminal record, vehicle immobilization, higher insurance rates, and even imprisonment. DUI arrests could lead to jail terms that last from six months for first convictions and up to thirty years for more serious cases, depending on damage done to life and property.

Procedures After Arrest

It is best to consult with an attorney immediately upon your arrest, especially if you caused damage to life or property. A formal "Motor Vehicle Hearing" is requested within ten days after the license is revoked. You can file a special plea get your license back.

The next stage is the arraignment, which is around thirty to sixty days from the date of your arrest. As the defendant, you are advised of your rights. The suppression hearing takes place between six weeks to three months after the pretrial conference. The trial itself is held within the six months after you submit the plea. There will usually be a jury of six members to hear the trial. The final stage will be conviction or acceptance of plea.

Release of persons arrested for DUI is only given when the person is no longer under the influence, the person's normal faculties are no longer impaired, and the person's BAL levels are less than 0.05 or eight hours have elapsed since the time of arrest.

How to Choose a Florida DUI Attorney

Looking for a Florida DUI Attorney could be a daunting task, but one that you do not want to make a mistake with. Florida Legislation on DUI violations are not to be taken lightly and it is highly advisable to get a good lawyer to help you through it.

Penalties

Penalties and consequences if convicted could result to fines, loss of license, community service, permanent criminal record, vehicle immobilization, increase of your insurance rate, and even imprisonment from six months to as long as thirty years depending on severity of offense and damage to life and property.

Why Choose an Attorney

There are cases where you can simply make a bargain with the district attorney, make a plea, and not need an attorney. But taking a plea bargain could also mean serving more jail time than if you had retained an attorney.

Florida DUI Attorneys

When choosing an attorney for your DUI case, it is always best that you get an attorney who is experienced in drunk driving defense and is a practitioner in Florida since it has a special legislation. It is also advisable that you get an attorney that offers free consultations so that you can ask appropriate questions before employing. However, a lot of the very good DUI lawyers do not offer free consultations because they are too busy to accommodate questions. You can then refer to their websites to read more about their practice or obtain testimonials or recommendations.

Questions to Ask

Feel free to consider several attorneys so that you are knowledgeable in what a reasonable fee is and which attorney you have the most confidence in. Some questions that you may want to ask your prospective attorney are the following:

- Do you have a lot of experience in drunk driving defense?

- Will you be contacting me regularly regarding the status of my case?

- Will it be you or one of your associates who will be handling my case?

- Will you provide copies of all motions filed with the court?

- What is your estimate cost of total fees at the end of the case?

Good DUI Lawyers

Remember, your choice of lawyer could make all the difference and could save you from facing a jail sentence or paying exorbitant fees. A good lawyer will encourage you to enter an AA program, to show the courts that you have changed your ways. It is of the utmost important that you trust your lawyer and that you are confident and comfortable working together.