Pursuant to Florida Statute 316.193 the Legislature has provided for certain penalties that a person in Florida must get if they are convicted of a first D.U.I.
- Jail Time – 0 to 6 Months
- Fine – $500 to $1000 plus Court Costs and Surcharges which can add up to an additional $400.
- Probation – 6 Months. You will have to report to your probation officer once a month for 6 months. During that time you are not allowed to drink or do any drugs or intoxicants. You also cannot be arrested or commit any new law violations during this time. If you fail to report to your probation officer or you change your address or phone number without telling them, you are in violation. You also will be randomly tested for alcohol and drug use. If you test positive it will be a violation of your probation. In addition, the probation officer may come to your house unannounced to check on you. If you violate your probation, your case will go back to Court in front of the Judge. You are not entitled to a jury trial in a violation of probation. The Judge decides whether to put you back on probation and give you another chance, or he can sentence you to jail time up to 6 months in jail. Most judges will not give you the maximum jail time of 6 months. If you want to hire a lawyer to represent you at a violation of hearing, they can obtain better results for you.
- Your license will be suspended up to 6 months. You may obtain a hardship license to drive for work purposes after you have completed the D.U.I. school.
- You will have to do 50 hours of community service.
- You will have to attend a 12 hour D.U.I. school which may involve additional one on one counseling sessions which can be anywhere between 12 and 25 sessions.
- You will have to attend a one hour class of a victim impact panel. This is a live class where people speak about family members who were killed by drunk drivers.
- The vehicle you were driving will be impounded for 10 days. This is also known as vehicle immobilization. It results in a boot or a lock being placed on your vehicle tire in order to prevent you from driving for 10 days. If the vehicle is owned by a family member and results in a financial hardship for them to go to work, the Judge can waive the vehicle impoundment. If the car was a rental car it can be waived by the Judge. Or, if you do not own a car, it will not be impounded.
- If you refuse the breath test, or you blew above a .15 on your breath test (Florida’s legal limit is .08) then you will also have an ignition interlock installed in your vehicle. This is a device with a tube that you have to blow into that measures your blood alcohol from your breath and will not allow you to start your vehicle if you have consumed alcohol. This device will also beep periodically and require you to blow into the tube once again to make sure you have not consumed alcohol while driving at a later time or else the vehicle will shut off.
- All of the above have additional fees and costs. Reach out to me for your best bet to representation.