No one wants to go to jail. If you have been charged with a DUI, especially if it isn’t your first, you may be extremely worried about being incarcerated. The period of imprisonment for DUI convictions depends on a few factors that can affect how a judge may choose to sentence you. An attorney will do their best to save you from jail, but no one can guarantee DUI charges being dropped or reduced.
The Ticket Lawyers have years of experience representing clients all over Florida in their DUI case. If you were caught driving under the influence, we’re here to make sure you have the best legal representation available. Our firm offers a free case evaluation in which you will be informed of your options and how best to proceed with your defense. We offer a reasonable fee for our services and you won’t be caught by surprise at the end of your case.
Contact an attorney at The Ticket Lawyers today on (855)-323-8488.
How Is Jail Time Determined for a Florida DUI?
You may be wondering how much jail time you might be sentenced to if you are convicted of driving under the influence in Florida. The answer depends on how many previous DUI’s you have been convicted of and how long ago they may have occurred.
Florida Statute 316.193 lays out how much jail time is possible for DUI conviction sentencing:
First-Offense DUI Conviction:
Imprisonment, not more than 6 months.
If a minor was in the vehicle or BAC was more than .15, not more than 9 months.
Second-Offense DUI Conviction:
Imprisonment, not more than 9 months.
If a minor was in the vehicle or BAC was more than .15, not more than 1 year.
Mandatory minimum imprisonment of 10 days if the conviction was within 5 years of a prior conviction, 48 hours of which must be consecutive.
Third-Offense DUI Conviction:
Mandatory minimum imprisonment of 30 days if the conviction was within 10 years of a prior conviction.
If within 10 years of a prior conviction, imprisonment for not more than 12 months.
Fourth-Offense or More DUI Conviction:
Imprisonment, not more than 5 years.
If the defendant is a violent or frequent offender, imprisonment is up to the discretion of the court. Typically not more than 15 years.
Your attorney will inform you of the potential jail time you may be sentenced to if you are convicted at trial. If you don’t have an attorney yet, The Ticket Lawyers recommend speaking to one immediately.
Call us today to find out how our legal representation can help your defense in your DUI case.
What Fines Are There for a Florida DUI?
In addition to jail time, DUI’s are expensive. Courts regularly level huge fines against a person convicted of a DUI, even if it is only their first offense.
The fine schedule for Florida DUI’s are as follows:
$500 – $1000.
$1000 – $2000 if a minor was in the vehicle or BAC was more than .15.
$1000 – $2000.
$2000 – $4000 if a minor was in the vehicle or BAC was more than .15.
$2000 – $5000.
$4000 or more if a minor was in the vehicle or BAC was more than .15.
Fourth Offense or More:
$2000 or more.
$4000 or more if a minor was in the vehicle or BAC was more than .15.
What Other Penalties Are There for a Florida DUI?
There are plenty of other penalties for a Florida DUI, even for a first offense, including but not limited to:
Impoundment of Vehicle
10 days for first-offense.
30 days for second-offense within 5 years of first.
90 days for third-offense within 10 years of second.
180 days to 1 year for a first conviction.
Minimum 3 years for first conviction with bodily injury.
Minimum 5 years for a second conviction within 5 years of first. Eligible for a hardship license after 1 year.
Minimum 10 years for a third conviction within 10 years of second. Eligible for a hardship license after 2 years.
Permanent revocation for fourth conviction. Eligible for a hardship license after 5 years. The revocation period begins the day of release from incarceration.
The judge may sentence you to a period at DUI school. This must be completed within 90 days of license reinstatement.
In-House Treatment Program
The judge may decide that treatment is the best way to sentence you. If you are sentenced to jail time, you may be able to use days spent in treatment towards your total amount of imprisonment. This is preferable to being behind bars.
Your attorney will advise you of what other penalties you may face if you are convicted of a DUI. The Ticket Lawyers always seek the best outcome for our clients. If we can get you a treatment program instead of a jail sentence, we will do everything in our power to do so.
How Likely IIs Jail Time for a First DUI?
Jail time for a first DUI offense is fairly unlikely. You may spend one night or less in jail after an arrest, but judges do not typically sentence people convicted of a first-offense to jail. You can also post bail to get yourself out of jail, further reducing any time you may spend behind bars.
However, if your first DUI case is classed as a felony, the likelihood of jail time increases dramatically.
How Can a Misdemeanor DUI Be Upgraded to a Felony?
In certain cases, a misdemeanor DUI charge for first and second DUI’s can be upgraded to a felony. If your DUI resulted in serious bodily injury to a person or property damage worth more than $500, the offense is considered grave enough that a prosecutor or judge may hand you a felony charge.
Felony convictions for first or second-offense DUI’s carry heavier punishments. Increased jail time, sometimes over 1 year depending on the seriousness of the incident, is entirely possible. Also, fines match that of a third or fourth DUI conviction and can be thousands of dollars more than a misdemeanor.
The legal threshold for serious bodily injury must be met for prosecutors to charge first-offenders with a felony DUI. Florida Statute 316.027 defines serious injury as a physical condition that creates a high chance of death, permanent scarring, loss of bodily function, or longlasting/ permanent damage.
In addition to the legal ramifications of a felony conviction, serious injury allows victims to sue for pain and suffering damages. Therefore, you may be liable for thousands in compensation.
If you are charged with a felony DUI, you need to contact an attorney. Felony charges are much more serious than misdemeanors and can ruin your career and take away your freedom. Call The Ticket Lawyers today to talk about your options.
Can Community Service Be Used for Jail Days?
Sometimes community service days can be used in place of jail time. However, many Florida counties do not offer community service at all. You cannot serve community service in a county other than where your charges were filed.
There are also additional fines attached to days spent in community service. Typically, defendants are charged $10 per day. Insurance costs are low, usually only $5 to participate in the programs.
To find out whether your area has community service programs for criminal offenders, contact The Ticket Lawyers today.
Why Is a FL Driving License Suspended Before a DUI Conviction?
DUI is an administrative charge, as well as a criminal charge. A license suspension is automatically issued from the Florida DMV after you are arrested for a DUI, as per Florida’s implied consent law outlined by Florida Statute 316.1932.
You have 10 days from when you were arrested to apply to the DMV for a hardship license. Police will usually take your license away from you after you are arrested. You can use your DUI ticket as a driving permit for the duration of the 10 days.
Contact The Ticket Lawyers to save your license before your 10 days are up! We can help you with the paperwork for a hardship license and make sure you retain your driving privileges while your DUI trial is being processed.
Call The Ticket Lawyers Today!
Have you been charged with a DUI in the state of Florida? Are you afraid of going to jail?
Contact The Ticket lawyers today to find out how we can manage the fight against your DUI case. An attorney from our team is available 24/7 for a free consultation and will give you a realistic interpretation of the charges against you, as well as how we can help.
Don’t leave your freedom up to chance. Speak with a qualified DUI attorney today.
Call The Ticket Lawyers now at (855)-323-8488.
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