1ST OFFENSE – MINIMUM PENALTIES

• Permanent Criminal Conviction Record that never goes away!
• Up to six months in JAIL!
• Driver License suspension for at least six months and maybe a year or more.
• $250 to $500 fine.
• Six months to one year of probation (may be tested regularly for drug or alcohol use during term of probation).
• Level I DUI School.
• A Minimum of 50 hours of community service.
• Court costs that can reach or exceed $300.00.
• Ten day immobilization/impoundment of your vehicle (regardless if you were driving it at the time you were arrested).
• Possible Ignition Interlock Device at great expense to you.
• Although not Court imposed, because of the implications of a DUI conviction many people lose their jobs, have difficulty finding new jobs and incur enormous increases in their automobile insurance that they must keep in order to drive legally in many states including Florida.

***If you are under the age of 21, have a person under the age of 18 in the car or have a breath sample of .2 or higher, you are subject to enhanced penalties such as up to 270 days in jail, a $500-$1000 fine and an ignition interlock device for six months or longer at your expense.***

2nd OFFENSE

• Even harsher penalties than those noted above. However, if your second arrest is within five years of your prior conviction you face MANDATORY JAIL TIME!

3rd OFFENSE OR MORE

If you arrested for a third offense within ten years of your prior conviction(s) and enter a plea or are convicted, you will be a CONVICTED FELON as a third offense within ten years or a fourth offense is no longer a misdemeanor… you may be subject to up to FIVE YEARS OF FLORIDA STATE PRISON and a LIFETIME REVOCATION OF YOUR DRIVER LICENSE without the right to a permit or restricted license. Once you have a permanent revocation, you may never be able to legally drive again!

2nd Refusal to Give Breath, Blood or Urine:

An Entirely Separate Criminal Charge

Florida Statute 316.1939 states any person who has refused to submit to a chemical or physical test of his or her breath, blood or urine as described in Statute 316.1932 and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test and;

• The arresting officer had evidence to believe that person was driving or was in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages. You were actually arrested for DUI.
• You were properly instructed that if you refused to take the breath, blood or urine test, that your privilege to drive would be suspended for one year or for a second or subsequent refusal for 18 months.

If all of the above took place and you refused the test, the State can charge you with a first degree misdemeanor punishable by up to a year in jail. This is IN ADDITION to the penalties for DUI.

Contact our Fort Lauderdale criminal defense law firm, Leader & Leader, PA, at 954-523-2020.