866.789.4002  |   727.789.4000
Share

DUI / Driving Under the Influence

YOU ONLY HAVE 10 DAYS FROM THE ARREST DATE OF YOUR DUI CHARGE TO FILE FOR YOUR FORMAL REVIEW HEARING!

The charges can be very costly with major fines, increased insurance rates, loss of driving privileges, possible jail time and possible requirement of assessment and treatment for alcohol abuse.

The best way to handle this situation is to hire an experienced DUI attorney. You need an attorney that will handle your case and do everything possible to get the best outcome.

You need an attorney who knows exactly what to look for, is aware of all the fine details that can make the difference between being convicted or having the case dismissed.

Jeffrey A. Herzog is a former prosecuting attorney and is knowledgeable in all areas of this charge.

Florida statues reference mandatory prosecution if you have been found to be driving:

  • With a Blood Alcohol Content (BAC) of 0.08% or more;

  • While impaired in any way;

  • With any presence in your body of a "Schedule 1 drug" or cocaine.

If you're under 21, the law is stricter. Minors are prohibited from purchasing alcohol, have alcohol in their possession, or the consumption of alcoholic beverages. If you have any alcohol in your vehicle?even unopened?on the road or in a parking lot, you can be charged with a misdemeanor crime. A minor may also be arrested if their BAC is 0.02 or greater.

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

Fine Schedule s. 316.193(2)(a)-(b), F.S.

  • First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.

  • Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.

  • Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.

  • Fourth or Subsequent Conviction: Not less than $2,000.

Community Service - s. 316.193 (6)(a), F.S.

First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Probation - s. 316.193 (5)(6), F.S.

First conviction, total period of probation and incarceration may not exceed 1 year.

Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

  • First Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months.

  • Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

  • Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.

  • Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.

Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.

Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.

Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).

DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.

  • Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).

  • Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.

Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

  • DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

  • DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).

  • Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

  • Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.

A. First Conviction: Minimum 180 days revocation, maximum 1 year.

B.
Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.

C.
Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.

D.
Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

E.
DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

F.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.

Commercial Motor Vehicles (CMV) – Alcohol-Related Convictions/Disqualifications-s. 322.61, F.S.

  • Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above: driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. This is in addition to any provisions of s. 316.193 for DUI convictions.

  • Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle.

  • There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.

If you are pulled over for suspicion of driving under the influence of drugs or alcohol, and it is discovered that your license is under suspension, has been revoked, or you do not own a driver's license, your legal situation will become much more complicated. If you are arrested for a DUI while your driving privileges have already been limited to hardship driving privileges, if convicted of the DUI charges, your hardship status will be revoked.

It is important to ensure your legal rights are protected and aggressively defended in any legal matter. Especially when an unsuccessful outcome may directly impact your freedoms, liberties, and prove to be a significant obstacle in various situations in you every day life. Contact the Law Offices of Jeffrey A. Herzog, P.A., at Toll Free: (866)-789-4002 or Locally at (727) 789-4000.

Driving While License Suspended or Revoked- s. 322.34, F.S.

Any person whose driver license/privilege is suspended for Driving with an Unlawful Alcohol Level, or revoked for DUI, DUI Manslaughter or Vehicular Homicide, or for any other offense ordered by the court and who causes death or serious bodily injury to another person by operating a motor vehicle in a careless or negligent manner is guilty of a 3rd degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both.

As a law firm providing experienced Driving While License Suspended and DUI defense attorney & lawyer legal services in Palm Harbor, Clearwater, New Port Richey or Southwest Florida, we are committed to protecting the legal rights of each and every client, while always striving to provide the highest standard of legal representation.

 


The Law Office of Jeffrey A. Herzog, P.A. assists clients in Florida, including North Pinellas County, Palm Harbor, Trinity, West Pasco County, and the surrounding areas.



© 2017 Law Offices Of Jeffrey A. Herzog, P.A. | Disclaimer
3106 ALT 19, Suites A&B, Palm Harbor, FL 34683
| Phone: (727) 789-4000
1805 Cypress Brook Drive, Trinity, FL 34655
| Phone: (727) 789-4000

Business Law | Personal Bankruptcy | Real Estate | Probate / Estate Administration | Estate Planning | Criminal Defense | Trust Administration | Foreclosure | Guardianships

Attorney Website Design by
Amicus Creative