If a person is arrested for a first time DUI charge they will usually not have to face jail time. If a person undergoes a second conviction within five years of their previous conviction, they will have to face a minimum of 10 days in prison. If they are caught for a third conviction within 10 years of their prior conviction they will have to face a minimum of 30 days in prison.
What happens if I get into an accident while DUI?
Getting into an accident can aggravate matters and make matters a lot more complicated on a legal level. A driver should definitely communicate with a drunk driving accident lawyer in Daytona Beach, Florida to help them reduce their penalties. The reason why getting into an accident complicates matters so severely is because accidents generally involve property damage and even physical injuries. The more severe the damages are, the higher the penalties the drunk driver will be forced to pay.
What is classified as DUI?
A person will be convicted of driving under the influence if they are caught in actual physical control of the vehicle while they were intoxicated. This means that the individual must have been operating the vehicle, or attempting to operate the vehicle while they were under the influence of an intoxicant. If a person was a passenger or they were nowhere near the steering wheel they generally cannot be charged for DUI. Unfortunately, if a person was not actually driving the vehicle they can still be charged for DUI if they were sitting behind the wheel and the ignition was running.
A legal professional should be hired in order to help a person decrease the charges they may be subjected to after their charge and arrest.
A common misconception regarding DUI charges is that a person has to be under the influence of alcohol in order to be arrested. However, the truth is that even if a person is under the influence of any chemical substance or any other drug which impairs their judgment they can be charged for DUI. Also, a person does not necessarily have to be drunk in order to be arrested. If they are intoxicated enough to have their senses impaired to the point where they cannot drive properly they can still face the charge and be forced to pay the penalties accordingly.
Will my license be suspended immediately after I am arrested?
Florida law gives an officer full permission to immediately suspend the license of the driver who refuses to give their BAC test or who has a BAC percentage of 0.08% or higher. In many cases, the officer will issue a ticket and that ticket can be used as a temporary work license for the next 10 days as well as a notice of the suspension. If a person wants to apply for the privilege to drive again they should contact an attorney to help them follow the appropriate legal procedure in order to gain their driving privileges again.