Unlike many other allegations of criminal activity, Driving Under the Influence usually does not involve a conscious effort on the part of the driver to engage in criminal activity. Most criminal cases involve intent to hurt, steal, damage or destroy. Unlike so many other types of criminal cases, the typical person accused of DUI has no other criminal history and is otherwise a productive member of society. This aspect is what makes the allegation that much more devastating. Because the legislature has increasingly been imposing stricter penalties for the offense of DUI, coupled with the driver’s license implications, it is imperative that you seek the representation of an experienced DUI attorney.
Both Brian and Douglas Leifert represented the State of Florida as DUI prosecutors in Broward and Palm Beach County Florida and have been representing individuals charged with DUI for a combined total of twenty-four years.
APPLICABLE PENALTIES FOR DUI OFFENSES
FIRST OFFENSE
(refusal or BAC < .15)
$500 – $1,000 fine
Mandatory misdemeanor conviction
6 – 12 months probation
Applicable court costs
DUI school and recommended treatment
Community Service hours
Victim impact panel
6 months driver’s license suspension
Vehicle immobilization
Drug/Alcohol testing
0 – 6 months jail
SECOND OFFENSE
$1,000 – $2,000 fine
Mandatory misdemeanor conviction
6 – 12 months probation
Applicable court costs
Level 2 DUI school and recommended treatment
Community Service hours
Victim impact panel
6 months – 5 years driver’s license suspension (5 years minimum if within 5 years of prior offense)
Vehicle immobilization
Drug/Alcohol testing
0 – 9 months jail (10 days minimum if within 5 years of prior offense)
1 – 2 years ignition interlock device
THIRD OFFENSE
(Outside of 10 Years of a Prior)
$2,000 – $5,000 fine
Mandatory misdemeanor conviction
6 – 12 months probation
Applicable court costs
Level 2 DUI school and recommended treatment
Community Service hours
Victim impact panel
6 months – 5 years driver’s license suspension (5 years minimum if within 5 years of a prior offense)
Vehicle immobilization
Drug/Alcohol testing
0 – 12 months jail
2 years ignition interlock device
THIRD OFFENSE
(Within 10 Years of a Prior)
$2,000 – $5,000 fine
Mandatory felony conviction
0 – 5 years probation, in the discretion of the prosecutor or Court
Applicable court costs
Vehicle immobilization
30 days – 5 years in County Jail or State Prison
2 years ignition interlock device
10 years – permanent driver’s license revocation
FOURTH OR SUBSEQUENT OFFENSE
$2,000 – $5,000 FINE
Mandatory felony conviction
0 – 5 years probation, in the discretion of the prosecutor or Court
Applicable court costs
0 – 5 years in County Jail or State Prison
Mandatory permanent driver’s license revocation
ADDITIONAL PENALTIES FOR ENHANCED DUI CASES
Enhanced Due to BAC of .15 or Above
$1,000 – $4,000 fine
6 months ignition interlock device for first offense; 2 years for second offense
Increased conditions of probation in the discretion of the prosecutor or Court
0 – 9 months jail for first offense; 0 – 12 months jail for second offense
Enhanced Due to Crash (First Offense)
$500 – $1,000 fine
Increased conditions of probation in the discretion of the prosecutor or Court
0 – 12 months jail
Enhanced Due to Presence of Minor in the Vehicle
$1,000 – $4,000 fine
6 months ignition interlock device for first offense; 2 years for second offense
Increased conditions of probation in the discretion of the prosecutor or Court
0 – 9 months jail for first offense; 0 – 12 months jail for second offense
