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
DUI Causing Serious Bodily Injury
  • $500 – $5,000 fine
  • Mandatory felony conviction
  • 0 – 5 years probation
  • 3 years permanent driver’s license revocation
  • 0 – 5 years in County Jail or State Prison
DUI Causing Death of Another Person
  • Mandatory permanent driver’s license revocation
  • 4 – 15 years mandatory state prison sentence
Fort Lauderdale Criminal Defense Lawyer

Florida Criminal Lawyers

1200 S Pine Island Rd #220 Plantation, FL 33324
(954) 424-7433 954-424-2200
2160 W Atlantic Ave 2nd Floor Delray Beach, FL 33445
(561) 922-8103 561-988-8100