Driving Under the Influence (DUI) Under Florida Law

Orlando DUI Defense Attorney

Driving under the influence of an alcoholic beverage (DUI), or drunk driving, is a serious offense in Florida. The defense of these cases may be challenging and should be handled by a highly experienced DUI attorney. Help is Here! At NeJame Law we have the knowledge and experience required to fight your DUI case.

Under state law, DUIs are usually charged as misdemeanors. However, the consequences of being convicted of DUI are severe and long-lasting, and will impact your professional, personal, and social life. That is why you need to have an experienced Orlando DUI lawyer defending your rights.

Charged with DUI in Orlando?

If you are charged with DUI in Orlando or in any other place in Florida:

• You will be kept in jail for at least 8 hours
• Your license will be suspended immediately
• If your license was valid at the time of the incident, you will be allowed to drive with your DUI ticket for the next 10 days
• You have 10 days from the day of the incident to request a formal review hearing and get your drivers license back (the ten day rule)
• A temporary permit may be obtained to allow you to drive for up to 45 days until your hearing date

Driving Under the Influence (DUI) - Penalties

Being convicted of a DUI has the following serious legal consequences (for first-time offenders):

• DUI Schools
• Up to 6 months in jail
• Suspension of your driving privileges for a minimum of 180 days and a maximum of a year
• Not less than $250 or more than $500 fine plus court costs
• Not less than 50 hours of community service
• Not more than one year probation
• Victim awareness program
• Vehicle impoundment
• Permanent DUI conviction on your record for life

Someone accused of a second DUI faces harsher penalties, including more lengthy and costly advanced DUI school, higher fines, an ignition interlock device placed in their car for at least year, longer license suspensions, and the possibility of longer jail sentences. A person convicted of several DUI's may likely be charged as a felon, which may result in up to five years in state prison. A person with multiple DUI convictions can lose their privilege to drive—FOREVER.

Types of DUI Charges Under Florida Law

There are several categories of DUI charges under Florida Law. The actual charge brought against you depends on different factors, including your blood alcohol level at the time of the offense, whether or not there was a drug detected in your system, the number of prior DUI offenses you have and the time elapsed since them, whether or not there were injuries or deaths in a DUI crash, as well as property damage.

• First Time DUI: Punishable by up to one year of probation or 180 days in jail. If the blood/breath alcohol was over .15 or a minor in the vehicle, then 270 days in jail.
• Second DUI within 5 years: Still a misdemeanor but requires a mandatory minimum 10-day jail sentence along with probation if convicted. Another mandatory requirement is having an interlock device placed in your vehicle for two years.
• Felony DUI: A third or fourth DUI arrest will be treated as a felony, with sentences of up to 5 years in prison and loss of driver's license for 10 years.
• DUI Manslaughter: A second-degree felony with a mandatory minimum 4 years prison sentence and up to 15 years. Loss of driver's license for life.
• DUI with Property Damage: If a person causes property damage or an injury to another person, first offense would be a first-degree misdemeanor.
• DUI With Serious Bodily Injury: Third-degree felony with maximum punishment of 5 years of probation or jail.

Florida's Licensed DUI Programs

DUI school is often ordered by the court for people convicted of DUI (driving under the influence of an alcoholic beverage). By completing DUI school, people can sometimes avoid having points added to their drivers' licenses and get reduced penalties. Depending upon the charges, a DUI school may require 12 hours of instruction or more.

There are two educational services offered: Level I for first-time offenders (minimum 12 hours) and Level II for multiple offenders (minimum 21 hours).