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Florida treats drunk and drugged driving seriously. The penalties you might face if convicted will depend on your blood alcohol concentration (BAC), your criminal record, and whether you were involved in a crash.
Under § 316.193, Fla. Stat. (2022), the penalties for a first-offense DUI without a high BAC and that doesn’t involve a collision carries the following potential penalties:
If you have a prior DUI conviction, you will face the following penalties:
A third DUI conviction within 10 years is a third-degree felony carrying the following potential penalties:
A third DUI conviction outside of 10 years will result in the following potential penalties:
If you receive two DUI convictions within five years, your license suspension will be five years. Your vehicle will also be impounded for a longer period. The court will have to sentence you to some jail time, but the attorneys at Kirschner & McEnery Law might be able to negotiate you receive inpatient treatment instead of jail.
If your BAC test results are higher than 0.15%, you will have to have an ignition interlock device installed on any vehicle you drive for a minimum of six months. The installation and maintenance of the device will be at your expense.
If you are convicted of a fourth DUI, you will face felony charges regardless of how long it has been since your last conviction. If you are convicted, your license will be permanently revoked. You will also face up to five years in prison and a $5,000 fine along with other penalties.
There are different types of DUI charges in Florida that depend on whether there are any aggravating factors present. The charge you might face will depend on the following factors:
Some of the types of DUI charges that can be prosecuted include the following:
Florida has an implied consent law found in § 316.1932, Fla. Stat. (2022). Under this law, you are deemed to have consented to chemical testing of your breath or blood when you obtained your driver’s license. This means that you do not have the right to refuse chemical testing after you are arrested for a suspected DUI. If you do refuse, you will have an additional mandatory license suspension.
Some of the potential defenses that might apply in your case include the following:
During the investigation, your attorneys will look for these and other factors that could potentially result in an outright dismissal of your charges or a favorable plea to reduced charges or a lesser sentence. Our attorneys have extensive experience with motion practice, negotiations, and trials and are fully prepared to defend you.
Facing a DUI charge can be a scary experience, and you should not attempt to handle it on your own. The Port Saint Lucie DUI attorneys at Kirschner & McEnery have the right types of legal skills, knowledge, and litigation experience to present the strongest possible defense case on your behalf. To learn more, contact us today to schedule a consultation by calling us at (772) 489-8501.
To read about the DUI Process click here.
To read DUI FAQ’s click here.
Jonathan Jay Kirschner, Esq. Awards & Ratings