bookDUI DEFENSE

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The Law Office of Lee Meadows has over 36 years experience assisting people needing guidance about Potential DUI Penalties. 

Successfully defending a DUI charge takes more than just calling the State Attorney and ending your case with a plea bargain. As a Tallahassee Attorney, I believe in practicing uncompromising defense strategies while focusing my personal attention to every aspect of your DUI case. The Law Office of Lee Meadows will make sure ALL possible defenses are explored. This will allow me to work for the best possible outcome and help protect your future.

DUI Penalties

  • There are several factors that could raise the penalties of a DUI, such as causing property damage, serious bodily injury, or death.  If you are charged with Driving Under the Influence, it is essential that you hire an experienced attorney to assist you.
  • Examples of circumstances which could increase penalties include: you have been convicted of DUI in the past, there was a minor in the car, your breath or blood alcohol level was over .15, and/or there was property damage, injury, or death. 
  • Some penalties that can be incurred as the product of a DUI arrest include probation, community service, DUI School, Victim Awareness Programs, evaluation and/or treatment for substance abuse problems, and ignition interlock.  The majority of these penalties require you to pay additional fees and court costs.

 

DUI Penalties as of January 2018:

  • First conviction:
    • Not less than $500 or more than $1,000.
    • If blood/breath alcohol level (BAL) was .15 or higher, or if there was a minor in the vehicle, not less than $1,000 or more than $2,000.
  • Second conviction:
    • Not less than $1,000 or more than $2,000.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $2,000 or more than $4,000.
  • Third conviction (within 10 years from the second offense):
    • Not less than $2,000 or more than $5,000.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.
  • Third conviction (more than 10 years from second):
    • Not less than $2,000 or more than $5,000.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.
  • Fourth or subsequent conviction: 
    • Not less than $2,000.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.

For more information please visit:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

 

 

 

 

Imprisonment

At the court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward the term of imprisonment.

  • First conviction:
    • Imprisonment for not more than six months.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than nine months.
  • Second conviction:
    • Imprisonment for not more than nine months.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than 12 months.
    • If second conviction was within five years of a prior conviction, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
  • Third conviction:
    • If third conviction is within 10 years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive.
    • If third conviction is more than 10 years of a prior conviction, imprisonment for not more than 12 months.
  • Fourth or subsequent conviction:
    • Imprisonment for not more than five years, or as provided in section 775.084, Florida Statutes, if habitual/violent offender.

 

For more information please visit:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.082.html

 

 

 

 

 

Impoundment or Immobilization of Vehicle

Unless the family of the defendant has no other transportation:

  • First conviction = 10 days;
  • Second conviction within five years of a prior conviction= 30 days;
  • Third conviction within 10 years of a prior conviction = 90 days.

Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles owned by the defendant if they are operated solely by employees of the defendant or any business owned by the defendant.

For more information please visit:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

 

Conditions for Release of Persons Arrested for DUI

  • The person is no longer under the influence and the person’s normal faculties are no longer impaired
  • The person’s blood/breath alcohol level is lower than 0.05; or
  • Eight hours have elapsed from the time the person was arrested.

For more information please visit:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

 

DUI Crash Involving Property Damage or Personal Injury

Any person who causes property damage or personal injury to another while driving under the influence is guilty of a first degree misdemeanor (not more than $1,000 fine or one-year imprisonment).

For more information please visit:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

 

 

 

 

Repeat DUI Offender or Crash Involving Serious Bodily Injury

  • Any person convicted of a third DUI within 10 years of a prior conviction or a fourth or subsequent DUI, is guilty of committing a third degree felony (not more than $5,000 fine and/or five years imprisonment).
  • Any person who causes serious bodily injury while driving under the influence is guilty of committing a third degree felony (not more than $5,000 fine and/or five years imprisonment) or as provided in section 775.084, Florida Statutes, if habitual/violent felony offender.

For more information please visit:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.082.html

 

 

Find out more about the Ignition Interlock Device and DUI penalties by visiting the Florida Department of Highway Safety and Motor Vehicles website.  

Contact us for a FREE consultation so that we may evaluate the penalties you may be facing.

Connect

Office: (850) 224 8873
Fax: (850) 681 0139
24/7: 1 800 681 0139
Email: info@meadowslaw.com

403 North Calhoun Street
Tallahassee, Florida 32301

Meadows Law

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