The Palm Beach and Broward DUI defense attorneys at Leifert & Leifert know that state law regarding penalties for DUI convictions can be a bit complicated. So, on this page, we have outlined the major pieces of the relevant state statutes.
Subsection (6)(a) of Section 316.193 of the Florida State Statutes provide that, for the first conviction, the court shall place the defendant on probation for a period not to exceed 1 year and, as a condition of such probation, shall order the defendant to participate in public service or a community work project for a minimum of 50 hours. The court may order a defendant to pay a fine of $10 for each hour of public service or community work otherwise required only if the court finds that the residence or location of the defendant at the time public service or community work is required or the defendant’s employment obligations would create an undue hardship for the defendant. However, the total period of probation and incarceration may not exceed 1 year. The court must also, as a condition of probation, order the impoundment or immobilization of the vehicle that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant.
The above section goes on to provide that the impoundment or immobilization order may be dismissed in accordance with paragraphs (e), (f), (g), or (h), the terms of which our Palm Beach and Broward DUI criminal defense attorneys will explore here.
Paragraph (e) states that a person who owns but was not operating the vehicle when the offense took place can submit to the court a police report indicating that the car was stolen at the time of the offense or documentation of having purchased the vehicle after the offense was committed from an entity other than the defendant or the defendant’s agent. If the court decides that the vehicle was stolen or that the sale as not made to avoid the order, the order must be dismissed and the owner of the vehicle will incur no costs. If the court denies the request for removal of the order, the petitioner can request an evidentiary hearing.
Paragraph (f) says that anyone who owns but was not operating the vehicle when the offense took place, and whose vehicle was stolen or who purchased the vehicle after the offense was committed directly from the defendant or the defendant’s agent, may request a hearing to determine whether the impoundment or immobilization should occur. Again, if the court finds that either the vehicle was stolen or the purchase was made without knowledge of the offense, that the purchaser had no relationship to the defendant other than through the purchase, and that the purchase would not circumvent the order, the order must be dismissed with no cost to the owner of the vehicle.
Paragraph (g) states that the court will also dismiss the order of impoundment or immobilization of the vehicle if the court finds that the family of the vehicle’s owner has no other means of transportation, private or public.
Paragraph (h) states that the court may also dismiss the order of impoundment or immobilization of any vehicles that are owned by the defendant but that are operated only by the employees of the defendant or any business owned by the defendant.
The information contained on this page is not the entirety of the relevant state statutes regarding the community service component of probation for a DUI penalty. The rest of the relevant law, as well as the information referenced on this page, can be explained in more depth in consultation with our Palm Beach and Broward County DUI defense attorneys at Leifert & Leifert. Give us a call at 1-888-5-DEFEND (1-888-533-3363).