Gainesville DUI Penalties
We can’t stress enough how important it is for you to stay calm in the event that you or a member of your family has been arrested for driving under the influence (DUI) in Gainesville, Florida. Even though you aren’t sure if you’ll be convicted, it is important for you to know that you and your loved ones are most likely the only ones concerned about protecting your rights under the law. You need to get immediate legal help. Musca Law will be there to aggressively defend you. Call Musca Law for a confidential consultation. The consultation is free and we will discuss different strategies for your defense and do our best to provide answers and calm your fears.
Whether or not you are convicted depends on two different factors. The first factor concerns the amount and type of evidence that the prosecuting attorney has compiled against you which can greatly influence the verdict.
The second factor is how skilled and experienced your Gainesville lawyer is in Gainesville DUI cases. It requires excellent skills combined with a vast knowledge base and smart strategy to help you avoid being convicted and to have your sentence reduced or to obtain an alternative sentence should conviction be unavoidable.
DUI arrests fall into 2 types of cases; (1.) civil in which a driver’s license can be suspended or (2.) criminal which may result in fines and probation or jail time if there is a conviction. Although the State of Florida does have mandatory minimums for punishment, given the details of your case you could be facing harsher penalties. The following summary should not be used in place of legal advice but is intended to provide a sample of what might occur as a consequence of a conviction:
Example: If the results of a breath test indicate a .15 blood alcohol level, a minor was present in the car, and damage to property occurred, the penalties will be more severe. However, jail time might be credited if a convicted individual were to participate in a in-residential program for alcohol and drug rehabilitation.
You’re rights under the law provide that you can schedule an administrative hearing within the first 10 days after your arrest and you are entitled to be represented by an attorney at the time of that hearing. It is vital to have a skilled DUI attorney present to help reduce the penalties of suspension. The hearing isn’t to determine if you are guilty or not of a crime but to ensure that the procedure of your arrest followed the law, to discuss any refusal for testing and if your license will be suspended or revoked.
During a criminal hearing it will be decided what classification your conviction falls under and what the penalties will be. The penalties could include; length of driving suspension, participation in an alcohol or drug rehabilitation program, the possibility of parole, jail time, opportunity for community service, assignment of fines and fees to be scheduled and paid, and installation of an ignition interlock device; to name a few.
With a 1st time offense the penalty is up to one year of jail time and stipulates a mandatory minimum of 6 months probation and the suspension of your driver’s license. Fines range between $500-$1000. The vehicle involved will be impounded for 10 days. There is a requirement of 50 hours doing community service and/or an additional fine of $10 per hour of community service.
If the 2nd offense takes place within 5 years of the first there is a mandatory jail time with a minimum 10 days and up to 9 months of incarceration. Fines range from $1,000-$2,000. The driver’s license is suspended for 1 year (12 months) and the vehicle involved will be impounded for 30 days.
3rd Offense (occurs in more than 10 years)
If a 3rd offense occurs if you are convicted within 10 years, imprisonment is required for up to 1 yea (minimum of 30 days with 48 consecutive hours). Fines range between $2,000-$5,000.
In the case of a 4th offense fines are set at a minimum of $2000, there is up to 5 years of jail time and those persons considered habitual and/or violent offenders may be facing different fines and incarceration times.
If the DUI involves damage to property or there is personal injury to another, the driver convicted of a DUI faces up to 1 year of incarceration and up to $1,000 in fines.
When someone has been classified as a repeat offender and is guilty of a third-degree felony and a DUI accident resulted in serious bodily injury of another, there is a possibility of up to 5 years in jail and up to $5,000 in fines.
Contact Musca Law for an appointment to discuss your case with a skilled Gainesville DUI attorney.