Jacksonville DUI Penalties

Overview of Florida DUI Penalties

Shocked.  Confused.  Anxious.  If you were arrested for driving under the influence (DUI), you may face a number of emotions and questions.  One of your first concerns is likely "what could happen to me" or "what are the penalties?"

Florida DUI penalties are tough.  Florida Statute § 316.193 (the law in Florida) governs, or controls, mandatory minimum DUI penalties.  What are "mandatory minimum penalties" and what do "mandatory minimum penalties" mean for you?  Mandatory minimum penalties stick Florida courts with rigid guidelines for convicted DUI offenders.  The law in Florida prohibits driving any type of vehicle or vessel with a breath- or blood-alcohol level of .08 or greater or driving under the influence "to the extent a person's normal faculties are impaired."  The legal breath-alcohol limit is lower for drivers under the age of 21 (.02) and for drivers of commercial vehicles (.04).  These offenses carry additional penalties.  DUI penalties also vary based on whether you were previously convicted of DUI.  The minimum and maximum sentences for driving under the influence/boating under the influence (DUI/BUI) are outlined in detail below.

Refusal to Submit to DUI Testing - Penalties
Remember, even if you did not "blow" or submit to a breath- alcohol or blood-alcohol test, you may be convicted of DUI if the State proves that you were driving while your "normal faculties" were "impaired."  Additionally, if you were previously investigated for DUI and you refused to submit to a test of your breath, blood or urine and your driver's license was suspended, you may be charged with an additional first-degree misdemeanor for refusal to submit to testing, and your license may be suspended for up to 18 months.

Enhanced DUI Penalties
Enhanced penalties apply when a person is charged with DUI with a breath- or blood- alcohol level of .15 or greater or when a person is charged with driving while accompanied in the motor vehicle or vessel by a person under the age of 18.

Administrative DUI Penalties
In addition to criminal proceedings, the Florida Department of Motor Vehicles may automatically suspend a person's license when he or she fails or refuses to submit to a breath- or blood-alcohol test.  Generally, an administrative hearing will be held within 5 to 10 days to determine whether a person's driver's license is suspended.  Drivers face the following penalties at administrative hearings:

Time is important - the administrative hearing will generally be held within 10 days of your arrest.  An experienced DUI attorney will help you to maintain your license while your criminal charges are pending or help you to receive a hardship license.  Musca Law criminal defense attorneys possess the knowledge and skills to represent you in an administrative hearing.

"Back on Track" DUI Diversion Program (Miami-Dade County Only)
If you were arrested for DUI in Miami-Dade County, you may qualify for the "Back on Track" DUI diversion program.  The "Back on Track" program generally takes six to 12 months to complete.  Additionally, the program requires offenders to admit responsibility and to successfully complete numerous courses and conditions.  Program participants must submit to a substance abuse evaluation, attend DUI school, complete community service, attend a victim impact class and pay fees and costs.  The State may also require additional conditions.  After successful completion of the program, the DUI charge will be amended to a Reckless Driving charge with adjudication withheld.  The program does not allow offenders who have any prior alcohol-related driving history.  Further, offenders with more than one prior non-violent felony conviction or two prior misdemeanor convictions may not participate in the program.  Finally, the program does not permit offenders if a minor was in the vehicle at the time of the offense or if the offense involved an accident where the offender was at fault.  The experienced attorneys at Musca Law can help determine whether the "Back on Track" program may be an option for you.

Minimum and Maximum Sentences for
Driving Under the Influence/Boating Under the Influence (DUI/BUI)

Hire an Experienced Florida DUI Attorney
In Florida, all DUI convictions require an adjudication of guilt.  In other words, if you are convicted of DUI, you will have a criminal record.  An experienced DUI attorney will provide you with the best chance of reducing your charges or completely avoiding a conviction.  The criminal defense attorneys at Musca Law will evaluate and devise an effective defense for your case.  For more information on DUI penalties in Florida, or if you were arrested for DUI, please schedule a free, confidential consultation with an experienced Musca Law DUI lawyer Jacksonville.  Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).