Do you Have to Spend the Night in Jail for a DUI: Driving under the influence (DUI) is a criminal offense in The State of Florida. A DUI is where a motorist is found driving or in actual physical control of a vehicle and is classified by the officer of being ‘under the influence’ or with a blood alcohol concentration of .08% or more. A DUI offense encompasses either alcohol or drugs, prescribed or illegal, any of which results in being too impaired to drive. Under Florida law, a driver who is found with impairment of normal faculties will also be labeled as under the influence.
If you are found to be driving under the influence and accused of such an offense, then you will require a DUI attorney due to the potentially serious penalties that an attorney can help you avoid. It is important to act as quickly as possible after the incident, as there are deadlines to be met in such a case. At The Ticket Lawyers, we provide the best possible legal support at our law firm, ensuring a devoted and informative attorney-client relationship. Tell us if you have been involved in such a conviction today by contacting us on 855-323-8488 and we will provide you with a free consultation.
Once the police have arrived at the scene, you will be questioned, handcuffed, and then taken to the police station or the jail. If not admitted at the scene, you will then be asked to take a breathalyzer test to determine blood alcohol content. In Florida if you have been arrested for drunk driving then, even if you blow under a .08% on a breathalyzer test, you will still be taken to jail and remain there for a minimum of eight hours before they release you, so will essentially have to spend a night in jail. Your car will also be impounded and will consequently spend a night at the impound lot.
Florida State Statute 316.193 states that if the defendant blows over a .08% police have to hold them for eight hours, or until the breath alcohol level is below .02%. Multiple police officers interpret this to mean that if the offender is arrested for a DUI, they have to hold you for the full eight hours.
In terms of bonds, driving under the influence is a bondable offense. If it is a first-time offense, this will range between $250- $1000. An attorney would advise that if it is possible to bond out, then it is certainly best to or else you will be put in front of a Judge. In plenty of cases, the judge will proceed to place you on a supervised pretrial release in lieu of a bond. This is quite intrusive in your life for the next six or so months, so it is best to avoid it.
Often a first DUI conviction does not result in jail time, although this will vary case by case. It will increase if there are one or more prior convictions or if other factors come into play (e.g., having a minor in the vehicle, +0.15% blood alcohol content, the impaired driving causing an accident, injury, or fatality).
For instance, a second conviction within five years of one + other convictions will result in a minimum jail term of 10 days. A third conviction within ten years of one + other convictions will lead to a minimum jail term of 30 days. Therefore, you should avoid any new convictions and instead recommend appointing a designated driver, calling for a cab or walking if under the influence.
Rather than jail time, the offender may have to instead pay a fine which can reach $500-$1000 dollars, probation for up to one year, a driving license suspension for six months, attendance in a DUI school, attend a drug and alcohol program, or/and be sentenced to community service. This is in the case of the DUI being your first offense and having no prior criminal history. If there is a presence of criminal history, the offender will receive harsher punishment and may have to instead pay a fine, which can be much higher, losing their license for up to six months, or/and up to fifty hours of community service.
Even without jail time, Florida law expresses that the offender will only have ten days to save their driving license. The driving license is immediately suspended upon the arrest for DUI. Therefore, for the next ten days, it is only possible to drive to work or for business purposes using the offender’s ticket as a permit. After the ten days have passed, the license will either be: fully suspended, suspended with work privileges, or reinstated – depending upon the driver’s actions. They must request an administrative hearing or forfeit their right to a review hearing in exchange for an immediate business-purpose only license. This rule does, however, apply only to a first DUI offense.
After having been arrested for a DUI and taken to a police station, you will be offered, under the implied consent law of Florida, the opportunity to take a breathalyzer test to measure BAC. If you do refuse to submit to a breathalyzer test, this equates to an immediate suspension of your driver’s license, and you will not be allowed to drive for at least a year. If you do, however, agree to take a test, you will be asked to submit two breath samples. If the results are found to be above .08% blood alcohol content, you will officially be charged with a DUI offense and, more often than not, have to spend the night in jail.
Even if your breath test results are under the illegal .08% levels, you may still be kept in jail and still be subjected to the booking process. You may instead be offered a urine test to see if any drugs are in your system. After this, you will be officially booked and usually held for at least eight hours.
The term ‘booking’ refers to the process whereby the offender is admitted to jail. When a person is ‘booked,’ all their personal information is entered into the criminal database along with their photo (mugshot) and fingerprints. This information is paired with criminal charges, past, and current. Personal items are removed by an officer and placed into a safe location, which can be collected on release. Once the booking procedure has been carried out, the offender will be given the opportunity to post bail. Even if you are released on bond, supervised release, or ROR, the officers are still required to keep you for at least 8 hours to ensure that your alcohol levels have dropped to an acceptable and self-level. On release, it is best to find an attorney as soon as possible.
Many states are increasing the penalty for DUI offenses, so now insist that drivers at least spend a few days or at least a night in jail for their offense, so it is important to find an attorney quickly. In fact, in all states, a first offense DUI is classified as a misdemeanor. In terms of how Florida punishes such an offense, it depends on the details of the case. If this is the first offense, it is likely to be no more than six months of jail time. However, if the offender has a blood alcohol content of .15% or higher or had a minor in the vehicle, then the conviction could rise to as high as nine months, this being the maximum penalty. It varies case by case.
As mentioned earlier, if this is not the first time receiving a conviction, then the penalty can become much more serious. If this is a second conviction jail time will rise to nine months, if the blood alcohol level was of .15% + or a minor was in the car, then it goes to 12 months. However, if the second conviction was within five years of the prior, then the defendant will face mandatory jail of at least ten days, and at least 48 hours of that time must be consecutive. A third conviction within ten years will lead to mandatory jail time of at least 30 days and could also face up to five years in prison.
In the state of Florida, the average DUI lawyer costs depends greatly on the experience of the lawyer and the facts your case. Wtih that being said, other fees can average at $4,000 for a total DUI sum cost of between $7500 – $10000. A lawyer’s fees will depend on a range of factors. For instance, if you accept a plea or instead take the case to trial. A DUI attorney can charge thousands of dollars when the client chooses to accept the plea, and even more if the case goes to trial.
From the time of the arrest to the time of the case is resolved, the entire experience can last between 6-12 months. Due to the heavy penalties of a DUI charge, cost should not be a factor. Contact The Ticket Lawyers as soon as possible to find out how we can help.
If you or somebody you know has been involved in a driving under the influence offense, then do not hesitate to tell us and get in contact so that a defense attorney on our team can supply you with the best possible legal advice and support.
Such an offense can be very serious, and thus it is important to act as quickly as possible and contact an attorney. Each attorney-client relationship will involve a committed and supportive environment striving for the very best outcome in your case; all information you give will be kept within strict confidentiality. Contact us today at 855-323-8488 to arrange a consultation.
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