Sarasota DUI Penalties
If you or someone in your family has been arrested for driving under the influence (DUI) in Sarasota, this is a time of stress and worry. You might be concerned about the unknown, about convictions and penalties and what it all means. The best thing you can do is to call Musca Law. We are very familiar with Sarasota DUI cases and we can help you to navigate the process. Without a lawyer, you and your loved ones will probably be the only ones concerned with protecting your rights. Musca Law’s team of skilled and knowledgeable DUI attorneys will provide you with a strong defense and will help you get the best outcome possible. We will meet with you confidentially to discuss your case face to face or by telephone. The first consultation is free. We can answer your questions and explain the process.
Possible DUI penalties may be your biggest concern. Whether you are convicted usually depends on 2 things: what evidence the prosecution has against you and how strong your Sarasota DUI defense attorney is. The type of evidence and how well it is presented will dictate what your lawyer has to work with, but a skilled and savvy DUI lawyer like you will find at Musca Law can turn the prosecution’s weaknesses into your case’s strengths. We will try to help you avoid conviction. If you are found guilty, we can help you get the lightest penalty possible.
There are 2 parts to your DUI case. The first is administrative and affects your privilege to drive. The second is the criminal portion. If you are convicted, penalties involve incarceration, paying fines and being on probation. The unique circumstances of your case affect the penalties. There are mandatory minimums in the State of Florida for DUI convictions. Some factors add more penalties, such as property damage, having a minor in the car, or a breath test result above .15. If your attend alcohol or substance abuse rehabilitation programs this may lessen your punishment. Below is a brief summary of DUI penalties. It should not be used instead of legal advice or full reference to Florida’s DUI statutes.
Formal Administrative Review
If you are charges with a DUI, you can request an administrative review hearing. It must be done within 10 days. You may bring an attorney with you. This could help reduce any driver’s license penalties automatically incurred, but does not determine criminal guilt or innocence. An experienced and knowledgeable Sarasota DUI lawyer will use this hearing to your advantage by finding out if proper procedures were followed, whether your license should be revoked or suspended or if you refused to take any sobriety tests.
The criminal trial deals with the charges and penalties, such as jail time, fees, parole time, community service and length of driver’s license suspension stemming from the criminal act of operating a motor vehicle under the influence of alcohol. Participation in a rehabilitation or vehicle ignition interlock program is also addressed upon conviction.
First DUI Offense
You will face incarceration up to 12 months. The State has a mandatory minimum penalty of probation for 6 months, community service for 50 hours and/or a $10 per hour fine, punitive fine between $500 and $1,000, impoundment of your vehicle for 10 days when you are not incarcerated, and suspended driver’s license for 6 months.
Second DUI Offense
You can be incarcerated up to 9 months. There is a mandatory minimum enforcement of 10 days if you are convicted of your 2nd DUI within 5 years of the first. The fine is between $1,000 and $2,000. If your blood alcohol content (BAC) was .15 or above, the fine is between $2,000 and $4,000. Your vehicle will be impounded for 30 days. Your driver’s license will be suspended for 1 year.
Third DUI Offense
If you are convicted of DUI within 10 years of your second offense, there is a mandatory minimum incarceration of 30 days. 2 of them must be consecutive. When your third conviction occurs in more than 10 years, incarceration is 1 year maximum. You will be fined between $2,000 and $5,000. If your BAC exceeded .15, there is a $4,000 minimum fine.
Fourth DUI Offense
If you are convicted of DUI for the fourth time, you will be fined at least $2,000 and jailed at least 5 years. If you are termed an habitual offender, penalties are higher.
If your DUI case involves a motor vehicle accident where someone is seriously injured or you are termed a repeat offender and this is a third-degree penalty, there is a penalty of 5 years imprisonment and up to $5,000.
If your DUI case involves a motor vehicle accident with property damage or bodily injury, you may have 1 year imprisonment and fines of $1,000.
Contact Musca Law today. Set up an appointment to discuss your case with a qualified Sarasota DUI lawyer.