Since a DUI offense is so serious, anyone charged with one risks severe penalties that can get them in big trouble. Those penalties can include heavy fines, a suspended driver’s licence, and most serious of all, jail time. Since jail time is such a serious consequence of a DUI, some people might wonder if even first-time offenders can get jail time or if they are treated more leniently. Keep reading to get the answer, but if you want to know more, you can learn more about DUI law here.
DUI Penalties
There are several different penalties that anyone charged with a DUI has to worry about. The severity of the penalty differs based on various circumstances, such as whether the impaired driver caused an accident, whether there was a passenger in the car, and if the DUI charge is a first-time offense or not. In Florida the type of penalties first-time DUI offenders face are as follows:
Fines
No less than $500 and no more than $1000. If the blood alcohol level is 0.15 or higher, or if a minor (someone under the age of eighteen) was in the vehicle, then no less than $1000 and no more than $2000.
License Suspension
If no one suffered a bodily injury, a minimum of 180 days and a maximum of one year. If someone did suffer a bodily injury, then the driver will have their license suspended for a minimum of three years.
Vehicle Impoundment
The vehicle of the driver will be impounded for at least ten days. However, that can be dismissed if the vehicle is going to be driven by employees of the offending driver.
Probation and Community Service
First-time offenders are subject to up to one year of probation. The time of probation and any jail time served by the driver cannot exceed one year. As a condition of the probation, the driver must complete at least fifty hours of community service.
Ignition Interlock Device
This is a breathalyzer combined with an ignition lock and the driver has to blow into it before they can start their car. If their blood alcohol is above a level set by the judge, then the car will not start. It is up to the discretion of the judge to attach this device to the driver’s vehicle once it has been released from impoundment.
Jail Time
For a regular DUI, the driver can be sentenced for up to six months. If the blood alcohol level of the driver is above 0.15 or if there was a minor in the vehicle then they can be sentenced for up to nine months. However, the court can decide to have the driver serve their sentence in an alcohol or drug abuse treatment program instead.
How a DUI Lawyer Can Help You
An experienced DUI lawyer can help you to fight any DUI charges so that you never have to face any penalties in the first place. However, if you are caught dead to the rights, then a DUI attorney can help to get you into Florida’s DUI Diversion Program. Admission to this program is up to the discretion of the state, but a good DUI lawyer can help you to get into it. It is important to get into this program because successfully completing it will result in the dismissal of your case, the expungement of it from your criminal record, and no points on your license.
However, you need to meet the eligibility requirements of the program before you are admitted. They are as follows:
- You should not have had a blood-alcohol level above 0.2 when you were arrested
- You should not have been involved in an accident
- There was not a minor or animal in your vehicle when it was pulled over
- You have no prior offenses for any similar crimes
- You did not take part in any previous diversion programs
- You should have had a valid driver’s license at the time of the arrest
- You have not served any previous prison sentences
- There were no accompanying felony or drug charges during the arrest
Contact an Experienced Lawyer If You Get Charged With a DUI
As you can see, first time DUI offenders can face significant jail time. But with the help of a top-quality DUI attorney, it is possible to avoid imprisonment and even avoid a DUI charge altogether. Instead of simply accepting your fate after a DUI charge, call a lawyer and find out how they can help you.