When a person is charged with numerous counts of DUI stemming from one incident, and that person intends to enter a plea bargain, it is imperative during the negotiation process that the attorney work to minimize the amount of DUI charges that a person is convicted of. The reason for this is because, although all charges stemmed from the same incident, DHSMV will treat each conviction separately in imposing driver license revocation periods.
* For example: Defendant A, who has no prior DUI offenses, is arrested for one count of DUI, and two counts of DUI with Property damage for damaging a car and a street sign in the process. If Defendant A is adjudicated guilty of all three offenses, DHSMV will impose a TEN YEAR license revocation as opposed to a 6-12 month suspension for a first DUI. In this case, it would be imperative for the defense attorney to persuade the State Attorney to Dismiss 2 of the 3 charges so that Motor Vehicles will not treat this as a third offense.
You will be placed on a minimum of six months of probation. You will be charged a fine of not less than $500 but no more than $1,000. If your blood alcohol level was .15 or higher, or if there was a minor in the vehicle at the time of the arrest, then the fines will be approximately $1,000 to $2,000. You must perform a minimum of 50 hours of community service for a first conviction. A first conviction will warrant a maximum of 180 days in jail. If the blood alcohol level was .15 percent or higher, the maximum potential jail time is nine months. Your vehicle will be impounded for ten days. Your license will be suspended for 180 days to one year. You must attend and complete DUI school. You must also pay any, related court costs and costs of prosecution.
You will be placed on 1 year of probation. You will be charged a fine of not less than $1000 but no more than $2,000. However, If the blood alcohol level is .15 or higher, or if there was a minor in the vehicle at the time, then the fine will be anywhere from $2,000 to $4,000. A second DUI conviction will warrant a maximum of 270 days in jail. However, if your blood alcohol level was over .15, or if a minor was in the vehicle, the maximum penalty is 364 days in jail. You will also be ordered to attend DUI School level 2, your license will be suspended, and you must perform 50 hours of community service and pay court costs and costs of prosecution. Those who incur second convictions within five years of the first conviction will face a mandatory 10 days of imprisonment. Also, your vehicle will be impounded for 30 days if this is your second conviction within five years.
If you have been convicted of your third drunk driving offense no more than ten years from your second DUI, then you face a fine of $2,000 to $5,000. If your blood alcohol level was .15 percent or higher, or if there was a minor in the vehicle, then the fine will be a minimum of $4,000. If this was your third DUI conviction within a 10 year period of your first conviction, there is a mandatory jail time of 30 days. There is a maximum jail time of 364 days. You will also face a 90 day impoundment of your vehicle.
A fourth or subsequent drunk driving offense is a felony of the third degree, which is punishable by up to five years in prison and/or a $5000 fine. If the drunk driving offense caused serious bodily injury, this will also be a felony of the third degree. DUI manslaughter is a second degree felony which warrants up to a $10,000 fine or 15 years in state prison. There is permanent lifetime revocation of your license for a fourth or subsequent offense and DUI manslaughter.
At The Canina Law Firm, our firm sets itself apart from others in the level of personal service we provide to our clients. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed at every step of the way. With well over 60 years of combined experience defending DUI cases in Florida, our attorneys will work hard to get you the best result possible! If you have been arrested for DUI in Brevard County, FL, start fighting back today! We can help you. Contact our office today for a FREE case evaluation.
The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.
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