What type of criminal penalties do you face for a first time DUI Conviction in the State of Florida? - The Law Offices of Travis Koon, PLLC

Posted by | February 25, 2014 | Criminal Defense, DUI | One Comment
  1. DUI FIRST TIME CONVICTION FINES: For someone who is convicted of the criminal offense for a DUI and it is their first time being convicted the individual would face a fine not less than $500 or more than $1,000, plus mandatory court costs.  If the individual has a blood or breath alcohol level of .15 or higher or if the accused has someone in the car with them that is under the age of eighteen then they would face a fine ranging from $1,000 to $2,0000, plus mandatory court cost usually ranging from $150 to $600.
  2. DUI FIRST TIME CONVICTION MANDATORY COMMUNITY SERVICE: If someone is convicted of DUI then the Florida County Court Judge shall imposed at least 50 hours of community service.
  3. DUI FIRST TIME CONVICTION PROBATION: All people convicted of DUI are placed on monthly reporting probation for 12 months or less.  Monthly reporting probation costs typically range from $30 per month to $60 depending on the county in which the arrest occurs.  In addition to the monthly reporting probation costs, probation will typically require an application fee and that can range from $0 to $300.
  4. CAN YOU GO TO JAIL FOR A FIRST TIME DUI CONVICTION? The Judge could sentence you up to 6 months in the County Jail for a first time conviction.   If the person has a blood or breath alcohol level of .15 or higher then that individual could spend time in a Florida County jail up to 12 months.  Other situations where a person could go to jail for a first time DUI conviction are when the person is arrested for DUI and someone under 18 is in the car.  Also, if the person is convicted for DUI where they cause damage/injure a person or property that individual could go to jail for 12 months in a county jail.
  5. Does your Driver’s License get suspended? Yes, your Driver’s License could be suspended from 180 days or 6 months to 1 year.
  6. Do you have to attend a DUI School?  Yes, if this is your 1st DUI then you must submit to a Level 1 DUI School.  In addition, you must have the Level 1 DUI School completed prior to being illegal for a hardship license.
  7. Do you have to have an ignition interlock device placed in your car? The Judge and/or the State Attorney presiding over your case has the ability to impose an ignition interlock device in your automobile up to 6 months.  If your Blood/Breach Alcohol Level is .15 or over there is a mandatory 6 month ignition interlock device or if you have a minor child present in the vehicle at the time of the DUI.
  8. Do you have to be adjudicated guilty to the crime of DUI or may you obtain a withhold of Adjudication?   In Florida, there is a mandatory adjudication of guilt requirement for all DUI’s.

Please understand that these are the requirements imposed by the Florida Legislature, however, the Court or presiding trial Judge and Prosecutor are provided wide lead way to increase all penalties for DUI.

 

 

One Comment

  • Travis Koon says:

    WHAT IS THE MAXIMUM SENTENCE I FACE IF I AM ACCUSED OF A DUI?

    1st DUI: fines range between $500 and $1,000 and imprisonment not exceeding six months. If the accused had a blood or breath-alcohol level of 0.15 or higher or had a person less than 18 years of age in the vehicle, the potential fine rises to between $1,000 and $2,000 and the potential imprisonment increases to nine months.
    2nd DUI: fine range between $1,000 and $2,000 and imprisonment not exceeding nine months. If the accused had a blood or breath-alcohol level of 0.15 or higher or had a person less than 18 years of age in the vehicle, the potential fine rises to between $2,000 and $4,000, and the potential imprisonment increases to 12 months. If the second conviction is for an offense that occurred within a period of five years after the date of a prior conviction, there is a mandatory minimum jail term of 10 days. At least 48 hours of this term must be consecutive. The 10-day mandatory jail sentence applies if the offense occurred within five years of the prior conviction even if the second conviction is outside the five years. The court may allow the defendant to serve all or part of this sentence in a residential alcoholism treatment program or drug abuse treatment program, and the court must credit such tine to the term of imprisonment. However, community control, probation, house arrest, a work farm, or a parks program does not fulfill the requirement of the mandatory incarceration.
    3rd DUI: for an offense that occurs within 10 years after a prior conviction is a third degree felony, punishable by up to 12 months in jail and a fine ranging from $2,000 to $5,000. For all third and subsequent convictions, if the offender has a blood or breath-alcohol level of 0.15 or higher, or has a person under the age of 18 years of age in the vehicle, the minimum fine is $4,000.
    4th DUI: a fourth DUI is a third degree felony, fines range from $2,000 to $5,000 if the offense is treated as a felony. The minimum jail term will depend on when the third DUI Conviction occurred. The accused could be subject to 30 days in jail or none at all and will be determined by the facts of the case. The maximum period of incarceration could be five years and would be subject to Florida’s Mandatory Sentencing Guidelines.

Leave a Reply