Facing your first DUI charge in Florida can be overwhelming. Understanding the legal landscape is important. From immediate deadlines like the 10-day administrative hearing request to grasping potential penalties, including fines, license suspension, and possible jail time, expert guidance is essential. A seasoned DUI attorney like Casey Ebsary can protect your rights and help you explore options like diversion programs. Contact us at 813.222.2220 for immediate assistance.
Q&A: Navigating Your First DUI Charge in Florida
An Expert Answers First Time Florida DUI Arrest Questions
The first step is to secure your release from jail, which typically involves posting bail. Then, understand that you’re facing two separate legal processes: a criminal case and an administrative license suspension. You have only 10 days to request an administrative hearing to challenge the license suspension. Missing this deadline can result in a year-long suspension, regardless of the outcome of your criminal case. It’s crucial to contact an experienced DUI attorney immediately. Call us now at 813.222.2220 for urgent assistance. Learn more about our firm here or contact us for a consultation.
Florida law outlines specific penalties for first-time DUI offenses with a BAC below .15. These include fines and court costs totaling $983.00 (under §316.193(2)(a)), 12 months of probation (§316.193(6)(a)), driver’s license revocation for 6 months to 1 year (§322.28(2)(a)1), up to 6 months in jail (§316.193(2)(a)2.a), 10-day vehicle impoundment (§316.193(6)(a-c)), mandatory DUI School and Alcohol Evaluation & Treatment, and 50 hours of community service. It’s essential to understand these penalties and how they apply to your specific situation. Contact us at 813.222.2220 to discuss your case.
Florida DUI cases involve two separate legal tracks: Criminal Proceedings (Florida Statute §316.193), which involves court appearances, potential jail time, fines, and criminal license suspension, and Administrative Proceedings (Florida Statutes §322.2615 and §322.64), which deals with your driver’s license suspension by the DHSMV and has a lower burden of proof. It’s vital to address both processes to protect your rights and driving privileges. We can assist you with both aspects. Call us at 813.222.2220.
Hillsborough County offers a First-Time DUI Diversion Program, which could potentially reduce the penalties you face. An experienced DUI attorney can help you determine your eligibility and navigate the application process. We can help you determine if this is an option for you. Contact us at 813.222.2220.
Under Florida Statute Section 316.193(6)(d), your vehicle may be impounded. The clerk of court will provide impound location information. The judge may waive impoundment if the vehicle belongs to someone else, is the only family vehicle, or if there is another arrangement made.
Impound locations vary by county and jurisdiction. For specific information, contact the Tampa Police Department Impound Lot at (813) 242-5328, the Pinellas County Sheriff’s Office (Administration Building or North District Station), or refer to your DD Form 2506 (PDF) for federal land. We can help you navigate this process. Call us at 813.222.2220.
Casey Ebsary is a Board Certified Criminal Trial Lawyer with extensive experience in DUI cases. He understands both administrative and criminal procedures, ensures deadlines are met, and knows how to effectively communicate with prosecutors and courts. His expertise can be invaluable in protecting your rights and achieving the best possible outcome. Learn more about Casey here and contact us at 813.222.2220.
First-Time DUI Penalties in Florida (BAC Below .15)
A first-time DUI in Florida carries significant penalties, impacting your finances, freedom, and driving privileges. From mandatory fines and license revocation to potential jail time and vehicle impoundment, the consequences are severe. Understanding these penalties is crucial for navigating your legal defense. Mandatory DUI school and community service add further complexity. Expert legal guidance can help mitigate these repercussions and protect your future. Contact us for assistance.
| Penalty Category | Specific Penalty | Florida Statute Reference |
|---|---|---|
| Fines & Costs | $983.00 | §316.193(2)(a) |
| Probation | 12 Months | §316.193(6)(a) |
| License Revocation | 6 Months to 1 Year | §322.28(2)(a)1 |
| Jail Time | Up to 6 Months | §316.193(2)(a)2.a |
| Vehicle Impoundment | 10 Days | §316.193(6)(a-c) |
| Mandatory Programs | DUI School, Alcohol Evaluation & Treatment, 50 Hours Community Service | N/A (Court Ordered) |
DUI Charge Changes Your Life
I don’t know anyone that wants to add the stress of a Driving Under the Influence DUI charge. Most of all you want to get back to your normal life. To do this, you have some important things to do straight away. If you are reading this, you have already gotten out of jail. That usually entails paying cash to the court or making arrangements with a bail bondsman.
Florida’s DUI Penalties: Understanding the Legal Landscape
Driving under the influence (DUI) in Florida carries significant legal consequences, with penalties varying based on the nature and severity of the offense. The Sunshine State enforces strict measures to deter and punish impaired driving, emphasizing the importance of responsible behavior on the road.
First-Time DUI Offense with BAC Below .15
For individuals facing their first DUI offense with a blood alcohol concentration (BAC) below .15, the total fines and costs amount to $983.00 under §316.193(2)(a). The probation period extends to 12 months according to §316.193(6)(a). Driver’s license revocation spans from 6 months to 1 year as per §322.28(2)(a)1. In addition to potential jail time of up to 6 months (§316.193(2)(a)2.a), there is a 10-day vehicle impoundment period (§316.193(6)(a-c)).
Mandatory penalties include enrollment in DUI School and Alcohol Evaluation & Treatment programs. Completing 50 hours of community service is also required, emphasizing the community-oriented approach in addressing first-time DUI offenses.
Understanding the Legal Components
Florida law, specifically §316.193, governs DUI offenses, outlining the legal components and penalties associated with impaired driving. It serves as a comprehensive guide for legal professionals, defendants, and the general public seeking to understand the intricacies of DUI laws in the state.
Probation and License Revocation
Probation plays a crucial role in monitoring and rehabilitating individuals convicted of DUI. With a 12-month probation period, individuals are subject to supervision and adherence to specific conditions outlined by the court. Simultaneously, driver’s license revocation serves as a deterrent, restricting the individual’s ability to operate a vehicle for a defined period. In the case of a first-time DUI with a BAC below .15, this revocation period spans from 6 months to 1 year, emphasizing the severity of the consequences.
Jail Time and Vehicle Impoundment
Jail time is a significant consequence for DUI offenses, acting as both a punitive and deterrent measure. In this scenario, individuals may face up to 6 months of incarceration, reflecting the gravity of impaired driving. Vehicle impoundment, lasting up to 10 days, reinforces the state’s commitment to removing potential hazards from the road, promoting public safety.
Mandatory DUI School and Community Service
Enrolling in DUI School is a mandatory step in the rehabilitation process. This educational program aims to raise awareness about the dangers of impaired driving, providing participants with valuable insights and tools to make responsible choices. Simultaneously, completing 50 hours of community service fosters a sense of responsibility and community engagement, encouraging individuals to contribute positively to society.
Moving Forward Responsibly
Understanding Florida’s minimum DUI penalties is essential for individuals navigating the legal aftermath of impaired driving. The statutory framework provides a clear outline of the consequences associated with different offenses, empowering individuals to make informed decisions and seek legal guidance when needed.
Conclusion: First-Time DUI Offense with BAC Below .15
As we delve into the details of Florida’s minimum DUI penalties, it becomes evident that the state prioritizes a comprehensive approach to address impaired driving. From fines and probation to license revocation and mandatory programs, the legal system seeks not only to punish but also to rehabilitate and prevent future offenses.
For those grappling with DUI charges, seeking professional legal assistance is imperative. Knowledgeable attorneys can provide guidance tailored to individual circumstances, ensuring a thorough understanding of the legal process and advocating for the best possible outcome. As we emphasize responsible behavior on the road, it is equally crucial to recognize the avenues for rehabilitation and the potential for positive change even in the face of legal challenges.
Hire An Attorney Today
Important Deadlines
Your DUI charge adds Deadlines, Legalese, and Courtrooms to your life. Can you take advantage of Hillsborough County’s First-Time DUI Diversion Program? Hire a lawyer 813.222.2220 to take care of these things. Also, do you have a Hard Deadline of 10 days after your arrest? You must request an administrative hearing by then or lose your driving privilege for a whole year. This is completely separate from the criminal charge. You could be found “Not Guilty” criminally but because you missed that deadline you would still lose your license. You need an expert, quickly. W. F. “Casey” Ebsary, Jr has prosecuted and defended thousands of DUI cases. Since 1997, he has been a Board Certified Criminal Trial Lawyer. Casey knows the ins and outs of Driving Under the Influence charges. The prosecution needs to prove the drunk driving charge. Let us help you 813.222.2220.
4 Reasons to Hire Expert DUI Attorney Casey Ebsary 813-222-2220
- DUI defense lawyer knows when and who you talk to.
- Attorney Casey Ebsary knows the administrative procedure.
- An expert attorney knows the criminal procedures and knows his way around the court.
- Board Certified Criminal Trial Lawyer keeps track of deadlines: for filings, depositions, and court dates.
DUI Charge Procedures
A DUI charge in Florida starts two separate procedures. The courts have ruled that the Double Jeopardy Clause of the Fifth Amendment does not apply. Florida Statutes Sections 322.2615 and 322.64 permits the civil administrative proceedings. Since it is a civil proceeding, the burden of proof is lower. It is only, is it more likely than not that you are guilty. The civil proceeding includes formal and informal reviews by a hearing officer of the DHSMV with regard to the administrative suspensions and disqualifications. The penalty is the suspension of your driver’s license. The criminal proceedings are in Florida Statutes Section 316.193. This is held in the courthouse with a judge. The criminal proceedings include Arrest, Booking & Bail, Arraignment, Preliminary Hearing, Pre-Trial Motions, Plea Bargains, Trial, and Sentencing. The penalties for a first conviction include driver’s license suspension, fines, and up to 6 months in jail.
Reducing Re-Offending Risk
A 2005 Bureau of Justice Statistics study found the current system rearrests 76.9 percent of drug offenders. Furthermore, most of these are within the first year. Some of the State’s Attorneys are Reducing Impaired Driving Recidivism by offering diversion programs. Hillsborough County State’s Attorney established a First-Time DUI Diversion Program.
Your next step may be to recover your car. Under Florida Statute Section 316.193(6)(d), the court probably impounded it at the time of sentencing. The clerk of court will mail the car owner the name and number of its location. Normally, the state impounds cars at the time of sentencing. The judge can wave this if the car:
- belongs to someone else,
- is the only family vehicle, or
- another arrangement without the vehicle.
DUI Impound Information
In Tampa, the Police Department Impound Lot is at 100 S 34th St, Tampa, FL 33605 (813) 242-5328
In Pinellas County, most impound releases are at the Front Desk of the following two Sheriff’s Office locations:
The Sheriff’s Administration Building 10750 Ulmerton Rd, Largo, FL 33778
The Sheriff’s North District Station 737 Louden Ave, Dunedin, FL 34698
On federal land (like MacDill Air Force Base) the Military Police impound vehicles off-base with a private tow company. You can find specific information on the DD Form 2506 (PDF).