Miami DUI and Florida Administrative Suspension Laws

Posted: May 19, 2010 |Comments: 0 |

If you are faced with Miami DUI arrest or conviction, it is most likely that several questions regarding the issue would pop-up on your mind: whether you will have to serve jail time, how long would you have to serve a jail time, whether it is possible to get a probation, whether your license will be suspended, what would be your fines an so on. DUI or Driving under Influence of alcohol and drugs is a serious crime, which can turn out to be fatal for the victims and hazardous for the offenders. This is the reason why you should immediately consult a qualified Miami DUI attorney to defend you and save you from loosing your license or getting imprisoned.

In this article you'll find information on some of the major points of Miami or Florida DUI: Fines, Community service & Probation, Imprisonment, Impoundment of vehicle etc.

Fine Schedule s. 316.193(2) (a)-(b), F.S.:

-         First DUI Conviction: Not less than $500, nor more than $1,000.

In case there is a minor in the vehicle or the offender is found with Blood/ Breath Alcohol (BAL) of .15 or higher: Not less than $1,000, nor more than $2,000.

-         Second DUI Conviction: Not less than $1,000, nor more than $2,000.

With a child in the vehicle or with BAL.15 or higher: Not less than $2,000, nor more than $4,000.

Third DUI Conviction (More than 10 years from the second conviction): Not less than $2,000, nor more than $5,000. With a child in the vehicle or with BAL.15 or higher: Not less than $4,000.

-         Fourth or Subsequent DUI Conviction: Not below $2,000.

Community Service & Probation:

For the First Conviction of Florida DUI, community service is mandatory (50 hrs), or an additional $10 fine for each hour of required community service. The total period of probation and jail for a First-offense DUI may not exceed a year.

Imprisonment in Florida DUI Cases:

For Florida DUI cases, the term if sentence may be served in a drug abuse treatment or residential alcoholism program credited towards the imprisonment term.

-         First DUI Conviction: Not exceeding 6 months.

With a minor in the vehicle or with BAL of .20 or higher: Not exceeding 9 months.

-         Second DUI Conviction: Not exceeding 9 months.

With a minor in the vehicle or with BAL of .20 or higher: Not exceeding 12 months. For Second Conviction within 5 years from the First Conviction, imprisonment of 10 days is mandatory. Minimum 48 hrs of consecutive confinement is must.

-         Third DUI Conviction: Mandatory imprisonment of minimum 30 days for Third Conviction within 10 years.  Minimum 48 hrs of consecutive confinement is must. If Third Conviction exceeds 10 years: Not more than 12 months of imprisonment.

-         Fourth or Subsequent DUI Conviction: Not exceeding 5 years or as mentioned as habitual/ violent offender in s.775.084, Florida Statutes.

Impoundment of Vehicle:

-         10 days for First DUI Conviction.

-         30 days or 1 month for Second DUI Conviction within 5 years.

-         90 days or 3 months for Third DUI Conviction within 10 years.

Other important DUI facts include Conditions for release of the offender, DUI misdemeanor conviction, DUI Felony Conviction, Adjudication and sentencing and Administrative suspension law and many more. To find all detail information, you must consult a qualified Miami DUI lawyer.

However, since laws change quite frequently, you should always consult a Florida DUI attorney before coming into any conclusion regarding you DUI offense case.

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