Too Many DUI Violations in Florida.
According to Florida Department of Motor Vehicle records, there were 43,899 DUI violation tickets issued in 2017 and 24,334 DUI convictions. Of those 43,899 DUI tickets issued, the majority were issued by Florida Sheriffs with over half of the total yielding convictions in Florida courts. To avoid being a conviction statistic and risking jail time, contact Graham Law Group, LLC to make sure you are represented by someone who knows Florida law, as even first time convictions have serious penalties that will negatively impact your livelihood. Daytona Beach is located in Volusia County where statistics from 2016 revealed there were 136 crashes, 23 fatalities, and 90 injuries occurring from impaired driving due to alcohol.
Zero Tolerance Policy.
The State of Florida takes DUI seriously, and wants to address it in young drivers with the zero- tolerance policy where any driver under 21 that is stopped by law enforcement and has a blood alcohol level of .02 or higher will automatically have their Florida driver’s license suspended for 6 months. The .02 limit really means that you cannot have a single drink and drive. And that’s the idea. For drivers over 21 the legal limit in Florida is .08. Penalties for first time convictions include:
- Fine – $500 to $1000 (blood alcohol level of .15 or higher or minor in vehicle)
- Community Service – 50 Hours
- Probation – Not more than 1 Year
- Imprisonment – Not more than 6 Months
- Imprisonment with BAL of .08 or higher with a minor in the vehicle, not more than 9 months
- License Revocation – Minimum of 180 days
- DUI School – 12 Hours
Penalties for a first DUI conviction in Florida increase dramatically if BAL (Blood Alcohol Level is .15 or higher or if a minor is in the vehicle). In these cases an Ignition Interlock Device may be installed for at least 6 continuous months. Keep in mind the average cost including legal defense, fines, and auto insurance increases is $8000.
Additional DUI Convictions.
Florida Statute 316.193 addresses the laws against driving under the influence in Florida, and outlines penalties for those driving when physical faculties are impaired, and:
- The impaired drive has a blood alcohol level of .08 or more grams of alcohol per 100 milliliters of blood;
- The person has a breath-alcohol of .08 or more grams of alcohol per 210 liters of breath.
If a conviction over the first-time offense for DUI occurs, penalties could include:
- Second Conviction Offense: mandated the driver have an ignition interlock device approved by the state, installed on all vehicles individually or jointly owned or leased and operated by the convicted person when the convicted person qualifies for a permanent or restricted driver’s license;
- Third Conviction Offense: If a person is convicted of a third violation within ten years after a prior conviction it will be considered a felony of the third degree; if convicted of a third violation after ten years from the prior convictions, punishment will be a fine of $2,000 to $5,000 and prison time of not more than 12 months, and a mandatory ignition interlock device for 2 years.
- Fourth or More Convictions: If convicted of a fourth or more violation, it is considered a felony of the third degree and punishable with a fine not less than $2,000; and placement of an ignition interlock device for at least six months.
A driving under the influence charge is very serious and you need to hire a lawyer who will fight for your rights. Graham Law Group, LLC attorneys have experience with DUI defenses including: challenging the traffic stop, challenging the breath test, challenging the field sobriety test, challenging the refusal to take the breath test and challenging the officer’s investigation.
Graham Law Group, L.L.C.
140 South Beach Street, Suite 310
Daytona Beach, FL