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First DUI in Florida
Being arrested for a DUI is scary and leaves long lasting effects on everyone involved. Imagine if you were out for dinner or drinks, probably socializing with friends or family and are just trying to go home after a long day, and instead of reaching your destination you are intercepted by the police and never make it home. If you have been arrested for a first DUI in Florida it is important to educate yourself about the consequences of a conviction. Once you understand the consequences, you can better understand the importance of hiring an experienced attorney to fight the first DUI in Florida charges pending against you.
Being charged with a first DUI offense in Florida is an unsettling experience, and a conviction can have long-lasting consequences. Without getting into the damage that can be done to your reputation, self-esteem, personal finances, and future employment, there are the more immediate penalties described by statute.
What are the penalties for a First DUI Offense in Florida?
In Florida, a first offense DUI is considered a misdemeanor, punishable by up to 6 months in jail, 1-year probation, fines up to $500, mandatory 50 hours of community service 5 of which must consist of a Victim Impact Panel, 6-12 months driver’s license suspension and DUI school, Alcohol or drug abuse evaluation and successful completion of all follow-up treatment, and a 10-day vehicle impoundment.
The penalties are enhanced, including potential imprisonment, under the following circumstances:
Defending Against First DUI Charges in Florida
After an arrest, law enforcement will confiscate your driver’s license and the citation itself acts as a temporary license. You have a right to request an administrative hearing before the Department of Highway Safety and Motor Vehicles (DHSMV) to contest the charges. You must do so within 10 days of your arrest, otherwise, your license will be automatically suspended for 6 months. That being said, there could be good reasons that you may wish to challenge your 1st DUI suspension and request a hearing. You want an experienced Gainesville 1st DUI criminal lawyer to help you make the best decisions early in the case.
The first thing you may want to know when you’ve been charged with 1st DUI in Florida is what does that even mean. To defend against a charge you need to know exactly what you are being accused of, and that means knowing the definitions.
Florida Statute Section § 316.193 states that an individual can be charged with a driving under the influence (DUI) offense if they have been drinking any type of alcohol or consumed any type of controlled substance while in actual physical control of a vehicle and their normal faculties are impaired.
According to Fla. Stat. § 316.1934, normal faculties can include but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and perform any general mental and physical acts of daily life.
So simply put, the State has to prove you were driving or in control of a vehicle, and your normal faculties were impaired by drugs or alcohol. In practice there are two general ways the State and police do this, which is either by obtaining a sample of your blood or breath to determine if you have a BAC or blood alcohol concentration of over .08, or if you refused to provide such, did it appear that your normal faculties were impaired as observed through some other evidence, usually field sobriety exercises.
When you combine these concepts with the larger principle that the police need to collect evidence in a manner that does not violate your constitutional rights to be free from unreasonable searches and seizures the issues start to multiply.
Within these different methods of proof there are a huge number of legal issues and defenses which a skilled 1st DUI in Florida criminal defense attorney can examine to help in your defense. Was your traffic stop legal? Were you subjected to prolonged detention? Did the police administer field exercises correctly and report them accurately? Was implied consent read correctly or were you misled or coerced? Was there any illegal conduct in obtaining your consent for a blood draw? Only the unique circumstances of your case will say for sure.
Not only that, the area of criminal defense law that incorporates DUI is huge and changes all the time. You can learn more by learning about other people who have been accused of DUI and what happened in their cases. Police and prosecutors can make mistakes just like any other human being. For more information see where this topic is discussed on the Landsman Law blog.
Alternative Sentencing Options to First DUI in Florida Charges
Depending on the circumstances, there is an alternative sentencing option for first DUI charges Gainesville Florida diversion program. The program provides a way to reduce a first DUI conviction to a reckless driving charge, provided that certain rigorous conditions are met, including: $500 charitable fee, 50 hours of community service (5 at victim impact panel), Alcohol evaluation and treatment if order by DHSMV program, DUI school, restitution, cost of prosecution. There are lots of pre-conditions for this program which will matter to you for a 1st DUI in Florida, the full criteria and requirements are found here.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.