Legal Question in DUI Law in Florida

Joseph Vredevelt Miami DUI Lawyer Re: Penalties

Dear First Time Offender,

Although it is true that a first DUI is only a misdemeanor, the penalties for it are much more severe than most any other misdemeanor on the books. Although I don't know the facts of your case the typical DUI case takes roughly six months to a year to come to conclusion. I assume you were smart enough to obtain a lawyer skilled in DUI law, if not, contact one immediately. DUI is one of the most technical types of cases to try. Experience is necessary. If there are no issues that will allow for a dismissal of your case you can expect the State's plea offer to be an adjudication with the following additional penalities: court costs, cost recovery for the officer, $250 fine, 6 month license suspension, DUI School (with other treatment if required by the school), 50 hours of community service, 10 day vehicle impoundment of any vehicle that is registered in your name.

Additionally, if you gave a breath sample and it read 0.20 or higher or had a passenger under the age of 18 the penalties will be enhanced to $500 fine and a 6 month Ignition Interlock device which will need to be installed on your vehicle and cost a few hundred dollars.

If you go to trial and are found guilty, you could face up to 6 months in jail/probation (9 months if enhanced). However, for first time DUI jail sentences usually do not exceed 10 days given the circumstances. And you will be given credit for all time served.

You will not be provided any lienency. DUI is a hot-botton issue and States do not get funding if they are found to be easy on drunk drivers. Best advice is to retain a well trained DUI attorney to take your case and examine the details. Visit my website at http://www.305duilawyer.com and email me any other questions you may have. Please be aware that this communication and any further communications between you and I will not create a lawyer/client relationship.

Take Care and Good Luck,

Joseph P. Vredevelt

Miami DUI Lawyer

Re: Penalties

Hello: I see you have one response, but offer another one. I tell anyone charged with a DUI the following:

You should never just enter a plea of guilty at the beginning of the case...even if you just want to get it over with sooner. You should get an atty. The normal procedures allow for us to go to arraignment plead not guilty and ask the court to pass the case. We can come back a few weeks later and pass the case again. We can do this for a few months until the court sets the case for a jury trial to get either the State or us to move.

We are always asking the State to reduce the charge to reckless driving. We agree to some of the penalties for a DUI, but no license suspension (unless client refused to take breath test)

The first thing we do is demand the State give us all of the reports from the officers and the jail. We may find out that the State has a good case and we don't want to take a chance at going to a jury trial. Or, we may find something in the reports to give us reason to file a motion to keep out evidence. If we prevail with that, the State will have to drop the case or, if it's not that bad for the State, let us plead to reckless driving.

If you decide to pled to the charge, the penalties will depend on whether this is a first DUI or 2d/3d. If it is a first, the MINIMUMS the court will have to order is: $250.00 fine plus court costs (around $300.000 more), DUI school, 50 hours of community service, Victim impact panel (a video), and a 6 month susp of drivers license. If the case was a bad one for defendant, the court could increase some of the penalties. If one blew in the breath test and it was above a 2.0, the fines are doubled. The penalties get worse for 2d/3d convictions...additionally,they order the breath device connected to the defendant's ignition on the steering column.

There are more specifics than mentioned above, but I only have time for an overview here. If you need counsel in North Fla., give us a call. Good luck. Tom Rosenblum, Jacksonville.