Miami DUI Attorney

What are the consequences of a Florida DUI?

How serious the penalties are for a DUI conviction depends on many factors, including your criminal history, how far over the legal limit you were (the legal limit is a BAC of under 0.08), whether anybody was injured in the incident and other factors.

Penalties that can be imposed by the Florida courts for drunk driving include the following:

• Mandatory license suspension
• Jail time
• Fines
• Probation
• Installation of an ignition interlock device (IID)
• Community service
• Alcohol awareness classes
• Substance abuse evaluation or treatment

Having prior DUI conviction(s) will mean harsher penalties. Aggravated DUIs — offenses that involve a minor passenger or a BAC of 0.15 or over — also carry more severe penalties

Even for a first-time DUI, the lifelong criminal record you are burdened with can lead to long-term consequences that impact your future: from employment issues to problems with renting accommodation or travel.

It is important to fight your DUI charge and, if convicted, limit the penalties and their future impact.

First DUI penalties

First offenders could face:

• Up to 6 months jail time (up to 9 months if aggravated)
• $500 to $1,000 ($1,000 to $2,000 if aggravated)
• License revocation of 180 days to one year
• Ignition Interlock Device fitted for 6 months if aggravated (optional if BAC under 0.15)
• One year of probation
• 50 hours of community service (or an additional fine of $10 per hour of community service instead)
• 10 days of vehicle impoundment

First offenders are often eligible for a diversion program, which means they may be able to avoid many of the above consequences.

Second DUI penalties

A second-offense DUI that occurs within five years of the prior one could result in:

• Up to 9 months of jail time (up to 12 months if aggravated)
• Mandatory jail sentence of 10 days
• A fine of $1,000 to $2,000 ($2,000 to $4,000 if aggravated)
• License revocation of at least five years
• Ignition Interlock Device fitted for two years
• 30 days of vehicle impoundment

Second-time offenders won’t be eligible for a diversion program but may be able to get a restricted license if they agree to enroll in a substance abuse education course.

Third DUI penalties (misdemeanor offense)

A third-offense DUI that occurs within 10 years of the prior offenses and is prosecuted as a misdemeanor could result in:

• Up to 12 months in jail
• Mandatory jail sentence of 30 days
• A fine of $2,000 to $5,000 ($4,000 to $5,000 if aggravated)
• License revocation of at least 10 years
• Ignition Interlock Device fitted for two years
• 90 days of vehicle impoundment

Third-time offenders may be able to get a restricted license after 24 months but must remain in a DUI supervision program to be eligible.

Third DUI penalties (felony offense)

A third-offense DUI that occurs within 10 years of the prior offenses and is prosecuted as a third-degree felony could result in:

• Up to five years in jail
• Mandatory jail sentence of 30 days
• A fine of $2,000 to $5,000 ($4,000 to $5,000 if aggravated)
• License revocation of at least 10 years
• Ignition Interlock Device fitted for two years
• 90 days of vehicle impoundment

Fourth DUI penalties

A fourth or subsequent DUI conviction (regardless of when the prior offenses occurred) will likely be prosecuted as a felony and could result in the following:

• Up to five years in jail
• Mandatory jail sentence of 30 days
• A fine of $2,000 to $5,000 ($4,000 to $5,000 if aggravated)
• Lifetime license revocation
• Ignition Interlock Device fitted for two years
• 90 days of vehicle impoundment

DUIs may also be charged as felonies and incur such penalties if serious bodily injury or death was caused to another person while driving under the influence.

Driver license revocations for DUIs in Florida

A DUI arrest will result in two separate license suspensions:

1. A DHSMV administrative suspension:

The Department of Highway Safety and Motor Vehicles imposes an automatic administrative suspension if you refused to submit to a breath, urine or blood test or you took a test where your blood alcohol level was found to be .08 or higher. These suspensions range from 6-18 months from the date of your arrest but you can appeal the suspension within 10 days of receiving it.

2. A criminal suspension:

The criminal suspension is imposed by the Court after a DUI conviction and runs concurrently with the administrative suspension. It may result in a hardship driver’s license also being revoked. This suspension can be from 180 days to a lifetime (permanent).

Learn More → Are you refusing a breathalyzer in Florida?

Defenses against DUI charges in Miami

The defense that we employ will depend on the precise facts and circumstances of your case but generally, the following are the best DUI defenses under Florida DUI laws:

Illegal traffic stop/lack of probable cause

The Fourth Amendment requires that any search, seizure, or arrest is conducted reasonably.

In DUI cases, the officer performing the stop must have probable cause that you committed a traffic violation or reasonable suspicion that you committed a criminal offense.

At DUI roadblocks and checkpoints, there is no suspicion of wrongdoing but, instead, a random check is performed. Your constitutional rights, therefore, may be in question.

In other situations, unless there is a reasonable suspicion of wrongdoing and the prosecution can prove that there was probable cause, we may able to build your defense around your fourth amendment rights.

Illegal search after a DUI stop

During a roadside DUI investigation, the law enforcement officer may seize physical evidence, such as an open container of alcohol, receipts of recent alcohol purchases, drugs, or drug paraphernalia.

Unless this search was performed reasonably, the seized evidence may be inadmissible and the case could be thrown out.

Violation of the speedy trial provision

Florida has a Speedy Trial Provision that mandates trials to be conducted within 90 days of an arrest for a misdemeanor DUI charge or 175 days of an arrest for a felony DUI charge.

Sometimes, prosecutors deliberate over whether to charge a DUI as a misdemeanor or felony and take too long to formally file charges. In other cases, the accused may be injured and go to hospital without the correct procedure for blood test results being followed. This can create delays that lead to the speedy trial provisions being exceeded.

If you require legal representation or have questions regarding a DUI charge, please do not hesitate to contact us online or by phone at (305) 403-7323.