The Umansky Law Firm

During the holidays, people go to parties that they might otherwise avoid. Or they might go to too many parties. The result is often the consuming of several cocktails and the sudden realization that you have no way home except to drive. However, before getting into your car, remember you can be pulled over and arrested for driving under the influence. In Florida, the legal limit is 0.08 (first tier). This is enough to get you arrested. If your blood alcohol level is 0.20 or higher, you’re going to be in even more trouble, as this is considered something called a second tier violation.

Here are the rules governing Florida when it comes to DUI:

First Conviction

A first conviction for a first tier DUI will net you a fine of $250-$500 and a mandatory sentence of 50 hours community service. A second tier conviction means 50 hours community service, but the fine is increased to $500-$1000. You may have a combination of prison and probation for up to one year with prison not to exceed six months at the first tier and nine months at the second. Your vehicle may be impounded for ten days, unless your family has no other transportation. On top of all this, your license may be revoked from 180 days to one year.

Second Conviction

If you receive a second DUI within five years of your first, the fine is increased to $500-$1000 and imprisonment to nine months. You must also do a mandatory ten days of imprisonment. Second tier offense increases the fine to $1000-$2000 and imprisonment to as much as 12 months. Your vehicle may be impounded for 30 days and your license revoked for up to five years with no chance for reinstatement before a year has gone by.

Third Conviction

Within ten years of your other DUIs, a first tier conviction may mean a fine of $5000; second tier offenses are not less than $2000. Mandatory imprisonment of 30 days is required, but you may face as many as five years in prison. Your vehicle will be immobilized or impounded for 90 days and your license revoked for ten years.

Fourth Conviction or More

A fourth DUI, or any past this, means a fine of $1000 for the first tier. The second tier will be at least $2000. You may face five years in prison and your license will be permanently revoked.

DUI Accidents Involving Injuries or Death

If you cause an accident under the influence in which people are injured or killed, you will face penalties in addition to the ones stated above. The least punishment is a first degree misdemeanor, meaning an additional $1000 and year imprisonment. More serious injuries mean a $5000 fine and five years in prison. If you have been found guilty of DUI manslaughter, you may face a fine of $10,000 and be sentenced to 15 years in prison. If you leave the scene, the sentence can increase to 30 years.

Think about this before you get behind the wheel after drinking alcohol. Your best bet is to get a ride with a sober driver, get a taxi, walk – anything but drive.

If you have been charged with a DUI, please contact the experienced DUI defense lawyers at the Umansky Law Firm for an initial case consultation.