Can a First Time DUI be Reduced in Florida?

First Time DUI be Reduced in Florida?If you or a loved one has found yourself in the position where you have failed a breath test for the first time and are now facing down a DUI charge, things will understandably be very scary. Florida’s intoxicated driving laws are incredibly strict, and unfortunately, you may be looking at consequences that have the potential to impact the rest of your life.

However, this does not mean that you have no hope. All it means is that you need the assistance of a keen legal mind to match the severity of your situation. If this was your only offense, especially if you have a clean criminal background, there are ways to reduce your sentence and mitigate the overall damage to your life. Here at The Ticket Lawyers, we understand that every case is different, and every defendant’s charges carry unique needs and circumstances. We have the experience needed to consider the complexities of your case and work to get your conviction reduced, or in some cases, dismissed entirely.

A DUI in Florida carries serious consequences. There are the immediate consequences inherent to a conviction, such as fines, imprisonment, community service, suspension of your license, and probation. There are also the more insidious impacts on your career. It may be the case that there are social consequences completely out of the control of any official body. Your family and friends may shun you for your mistakes and lead you to feel even more isolated. A trusted attorney from The Ticket Lawyers will fight by your side in an atmosphere of judgment-free compassion. Everybody makes mistakes, and everybody deserves an opportunity for a second chance, especially if it was their only offense.

Get in touch with The Ticket Lawyers today for a free consultation. Our consultations are no-obligation and can illuminate the options you have moving forwards. If you would like any additional legal advice, then feel free to further browse this website or, even better, call us today. Our telephone lines are open 24 hours a day, seven days a week for your convenience. Contact us on 855-323-8488!

Is It Possible for My First DUI Offense to Be Reduced?

To put it simply, it is possible for your first DUI offense in Florida to be reduced. However, to do so, it is almost essential to have the assistance of a knowledgeable criminal defense attorney on your side.

The best course of action is to take action before your trial, with the assistance of your experienced Florida DUI attorney. If it was your only time receiving a DUI charge and nobody was injured, and no property damage took place, the chances of your drink driving charge being reduced or even dismissed are greater. If there is too much evidence against you, however, this may not be possible.

Having Your DUI Reduced to Reckless Driving

Having your drink driving charge reduced to reckless driving is the best option outside of having the charges dismissed entirely.

Florida Statute 316.192 is the statute that defines the parameters of reckless driving in the state of Florida. It defines reckless driving as operating a motor vehicle in a way that demonstrates a wanton or willful disregard for the safety of people and property.

While this offense retains the possibility of being either a felony or a misdemeanor, depending on whether there was a serious bodily injury involved, it is still preferable to a DUI charge if there was no serious bodily harm involved.

It should be noted that the judge in your Florida DUI case cannot modify the criminal charges. This will have to take place before your trial when your attorney has the opportunity to negotiate with the prosecutor and persuade them to reduce your DUI before the time of the trial.

The following is a list of reasons having your charges reduced to reckless driving is preferable to receiving a DUI conviction in Florida:

• A reckless driving case may still avoid conviction, unlike DUI charges, which are mandatory convictions.
• The fine for a reckless driving conviction is less than that of DUI charges. A reckless driving conviction may lead to a fine of between $25 and $500 for first-time offenders, whereas a DUI charge may lead to a fine of between $500 and $1000 (or up to $2000 in other circumstances, as covered elsewhere on the website.)
• Reckless driving lacks the same stigma as a DUI charge. It is much less likely that your employment opportunities will be hindered by a reckless driving conviction.
• If you are convicted for reckless driving and face another DUI conviction in the future, that future occasion will legally count as your 1st DUI case once again.

What Are Some Factors Which Can Lead to My DUI Being Reduced to Reckless Driving?

There are a number of factors that your prosecutor will evaluate when deciding whether or not to reduce your DUI to reckless driving. Unfortunately, the main factor which will impact the decision is how likely they are to achieve a guilty verdict for a DUI conviction.

Other considerations when deciding whether or not to reduce your charge to one of reckless driving may include:

• The details of the police officer’s report, especially whether you were polite and cooperative to the officers on the scene or whether you resisted or made life difficult in any way.
• Any concerns they may have about the breath test results.
• Any concerns they may have about the legality of either the traffic stop, the arrest, or the detention.
• The defendant’s criminal record.
• Other background factors of the defendant’s life, such as education or career.
• The reputation of the defendant’s attorney in the general legal community.
• Any concerns they may have about the defendant refusing to submit to a breath test.

A good attorney will try their hardest to get your case downgraded to a reckless driving case.

Here at The Ticket Lawyers, we have over 75 years of combined experience in defending people from their intoxicated driving charge. We have the experience and tools needed to successfully negotiate your case with the prosecutor, wherever possible. While it is possible to get your DUI reduced, it is important that you choose a law firm like ours with the correct know-how.

The Possibility of Being Downgraded to Wet Reckless

If it is not possible for your attorney to achieve the feat of lowering your DUI case to a case of reckless driving, there is still another option.

A wet reckless is a type of reckless driving charge wherein the court possesses reasonable evidence to demonstrate that alcohol and/or drugs were a contributing factor in the offense. It is possible that you may be offered a wet reckless charge as part of a plea bargain.

Wet reckless convictions may still require the defendant to attend and complete an educational course designed for those with alcohol and substance abuse issues. Failure to comply with these stipulations may lead to license suspension.

What Happens When You Get a DUI for the First Time in Florida?

If you fail to get your DUI reduced in Florida, the consequences can be severe and lasting, especially without representation from the correct law firm.

In Florida, even your initial DUI case may lead to the following consequences if you are found to be guilty:

• Fines – you may receive a large fine, as mentioned above on the website. The amount for this fine is between $500 and $1000 in the usual case. However, if your blood alcohol level exceeded .15 when you were pulled over by the police officer, or if there was a minor present in your vehicle during the offense, this fine is increased to between $1000 and $2000.
• Imprisonment – you may be subject to imprisonment for some time, although it is likely not to be for more than six months. It is also possible that you may be able to serve this period of time at a residential alcoholism or drug abuse treatment program. Once again, having a blood alcohol level of higher than .15 when pulled over by an officer or having a minor present for the offense may increase this period of time to up to nine months.
• Probation – you may also be subject to a probation period following your incarceration. The combined period of your imprisonment and the probation period will not exceed a year. However, this period of time will increase each time you are found guilty in a DUI case.
• Community service – up to around fifty hours of community service is the standard mandate given in a DUI case. However, it may also be possible for you to substitute this for an additional fine with a buyout of $10 per hour of community service given.
• Suspended license – it is likely that the court will suspend your license following a guilty conviction in a DUI case. This has the potential to greatly impact your professional and social life and opportunities. However, it is possible for your attorney to fight for you to have your license reinstated or replaced with a hardship license. However, these opportunities will not be available to you if you should get a second DUI conviction.

As you can see, the consequences of being found guilty in a Florida DUI case are harsh, and only become harsher with subsequent offenses.

It is also worth noting that these are only the consequences imposed upon you by the court; there are other consequences you should remember to consider. Having a DUI on your record can have an extremely negative impact on your professional career. You may face dismissal from your current job or be unable to continue to travel easily to and from your job due to a license suspension. It may also be harder to find jobs in the future, due to the presence of a DUI charge on your record.

There is also a lot of stigma surrounding DUI charges. It is normal to feel acute shame or embarrassment, and it is not uncommon that these feelings may be shared by members of your social or family group.

If you would like the best chances of avoiding these negative consequences, your best option is representation by a reputable law firm. The Ticket Lawyers have over 75 years of combined experience in criminal defense. For the best chances at beating your case, get in touch with us for a free telephone consultation.

How Many Years Does It Take for a DUI to Be Taken off Your Record in Florida?

Unfortunately, Florida has extremely strict laws when it comes to DUI cases.

One of the most long-lasting of these strict laws is the fact that a DUI conviction will remain on your criminal history for 75 years, with no way of being able to get it sealed or expunged. The hard truth of DUI charges is that this length of time is basically the equivalent of it staying there forever.

This is why it is so important to hire a talented attorney as soon as you have failed a breath test in Florida. To avoid a permanent stain on your record, which can have adverse impacts on your employ-ability for the rest of your life, your attorney must work quickly and smartly before the date of your trial.

There are some exceptions. If you happen to be a minor at the time of your drink driving arrest, then you may still be able to get your DUI expunged from your record. However, drink driving as a minor carries its own set of complications. Florida Statute 322.2616 sets forth the zero-tolerance policy for dealing with underage drinkers. Anybody under 21 years of age, which tests positive for a blood alcohol content of .02 or higher will have their license suspended automatically for six months. If it is higher than 0.5, it is likely you will be forced into participation in a substance counseling course.

Here at The Ticket Lawyers, we are experienced in this process and have the knowledge and skills to reduce the damage on your life. Don’t waste time; get in touch with one of our experienced DUI lawyers today.

How Likely Is It for My DUI Charge to Be Dropped Entirely?

Unfortunately, there are no solid and centralized statistics that cover the entire state of Florida with respect to it’s DUI dismissal rate.

With that said, many cities do collect their own information. A good example would be Orlando, where almost 40% of DUI cases are either reduced to reckless driving charges or otherwise dismissed entirely.

It should be remembered that your chances of any kind of downgraded charge or dismissal plummet significantly when it comes to your second or third DUI offense.

An Attorney From The Ticket Lawyers Can Greatly Aid Your Defense

In the event of facing a DUI charge, time is of the essence. The sooner you act and seek appropriate legal counsel, the more chance your attorney has of gathering the necessary evidence and examining the prosecution in order to get your case downgraded or dismissed. Here at The Ticket Lawyers, we understand how scary these situations can be. The hardest part is taking that initial step. An attorney from our firm can talk you through the process and the complexities of your individual case and lift some of the stress and anxiety that comes with uncertainty.

After this kind of charge, it is totally normal to feel overwhelmed or hopeless in the face of potentially lifelong consequences. However,  The Law Place are personally responsible for many cases in the past, which have been downgraded to reckless driving charges or even dismissed entirely. We have over 75 years of combined experience operating as defense lawyers, and unlike other law firms, we operate all of our cases as a cohesive team. This means that you will benefit from the knowledge, skills, and reputation accrued by each member of our team over the years.

If you or a loved one has been involved in a drunk driving accident or pulled over by a police officer while intoxicated, The Ticket Lawyers can help you. If you need legal advice, then please telephone us for a free consultation. Our telephone lines are open 24 hours a day, seven days a week, to discuss the complexities of your personal situation. There is also a whole host of additional information here on our website. For a free and compassionate consultation, call us on (855)-323-8488.