Why should I hire a Tampa DUI Attorney?
If you drink and drive the result may be jail time, loss of your driver’s license, heavy fines, community service, probation, DUI school, and much higher auto insurance rates.
Under Florida law, driving under the influence of alcoholic beverages, chemical substances, or controlled substances is one offense, proved by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above.
Why Should I Contact a DUI Lawyer?
Drivers under 21
Any driver under 21 that is stopped and has a blood alcohol level of .02 or higher will automatically have their Florida drivers license suspended for 6 months.
Drivers over 21
Florida Penalties for DUI
- Community Service
- License Revocation
- DUI School
Penalties for DUI in Florida increase dramatically if blood alcohol level is .15 or higher or if a minor is in the vehicle. In these cases an Ignition Interlock Device may be installed for at least 6 continuous months.
Florida law mandates that any driver convicted of a second DUI have an Ignition Interlock Device (IID) installed in their vehicle.
- First conviction: Not less than $500 or more than $1,000.
- Second conviction: Not less than $1,000 or more than $2,000.
- Third conviction (within 10 years from the second offense): Not less than $2,000 or more than $5,000.
- Third conviction (more than 10 years from second): Not less than $2,000 or more than $5,000.
- Fourth or subsequent conviction: Not less than $2,000.
A judge may direct that sentencing terms be served in a residential alcoholism or drug abuse treatment program and credited toward the term of imprisonment.
- First conviction: Imprisonment for not more than six months.
- Second conviction: Imprisonment for not more than nine months. If second conviction was within five years of a prior conviction, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
- Third conviction: If third conviction is within 10 years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction is more than 10 years of a prior conviction, imprisonment for not more than 12 months.
- Fourth or subsequent conviction: Imprisonment for not more than five years.
Impoundment or Immobilization of Vehicle
Unless the family of the defendant has no other transportation:
- First conviction – 10 days;
- Second conviction within five years of a prior conviction – 30 days;
- Third conviction within 10 years of a prior conviction – 90 days.
Impoundment or immobilization must not occur concurrently with incarceration.
Driver License Revocation for DUI
- First offense: Minimum 180 days revocation, maximum one year.
- Second offense within five years from prior conviction: Minimum five years revocation.
- Second offense five or more years after first conviction: Minimum 180 days revocation, maximum one year
- Third offense within 10 years of the second conviction: Minimum 10 years revocation.
- Third offense 10 or more years after the second conviction: Minimum 180 days revocation, maximum one year.
- Fourth conviction, regardless of when prior convictions occurred: Mandatory permanent revocation.
Review Hearings for Administrative Suspensions and Disqualifications
Florida Statutes authorize the DHSMV, upon the request of the driver, to conduct formal and informal reviews for the purpose of sustaining, amending, or invalidating administrative suspensions and disqualifications.
Business or Employment Reinstatement
- Suspension for driving with an unlawful alcohol level of .08 or above, or refusal to submit to breath, urine, or blood test, must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level, must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal, must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.
- Suspension for persons under the age of 21 driving with a breath alcohol level of .02 or above, must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. Persons with BAL of .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.
Individuals Convicted of DUI May Have Their Driver License Privilege Reinstated for Business or Employment Purposes.
- First conviction, must complete DUI school and apply to DHSMV for hearing for possible hardship reinstatement.
- Second conviction within five years, five-year revocation. May apply for hardship reinstatement hearing after one year.
- Third conviction within 10 years of a prior conviction, 10-year revocation. Mandatory IID for two years.
Hardship License Prohibited
- Florida law prohibits any hardship reinstatement upon second or subsequent suspension for test refusal or if driver has been convicted of DUI two or more times.
- Persons disqualified from operating a Commercial Motor Vehicle (CMV) cannot obtain a hardship license to operate a CMV.
See section 316.193, Florida Statutes.
Chemical or Physical Test Provisions – Implied Consent Law
- Driver license suspension periods, first refusal, suspended for one year. Second or subsequent refusals, suspended for 18 months.
- Portable alcohol breath testing devices authorized by section 322.2616, Florida Statutes, for persons under the age of 21.
Adjudication and Sentencing
The courts are prohibited from withholding adjudication in DUI cases or from reducing a DUI charge if the defendant’s blood alcohol was .15 or greater.
Why Fernandez & Hernandez?
One of the biggest benefits associated with hiring a qualified lawyer for your DUI is that you increase your chances of getting the relief you deserve. A skilled and experienced DUI attorney will be able to handle the complicated aspects of your case.
Good attorneys that specialize in DUI have the knowledge and resources necessary to resolve your case as quickly as possible. You will need to hire an experienced DUI lawyer as soon as possible. Why? Because experience and results count.
The law and rules governing DUIs are highly complex. It is important to act quickly and secure legal representation. The attorneys at Fernandez and Hernandez have experience in defending DUIs and will work vigorously to protect your rights.
Tampa DUI Attorney Daniel J. Fernandez
When researching DUI attorneys, make sure that you use a reputable website so you can be sure that the results you get consist of legitimate, well-respected professionals. Some of these directories even offer reviews of lawyers and detailed information to help you save time doing research into them. We recommend also reading the Tampa Criminal Lawyers reviews on Google Reviews, Avvo and Yelp.
Attorney Daniel J. Fernandez of Fernandez & Hernandez, LLC provides legal representation in DUI cases. Our DUI attorneys welcome the opportunity to interview with you. Our qualifications and background are available. Our Tampa Attorneys Daniel Fernandez and Martin Hernandez are bilingual as well.
The DUI lawyers of Fernandez & Hernandez serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced DUI Attorney from Fernandez & Hernandez Law.
If you have been arrested for DUI in the Tampa Bay area call DUI lawyer Daniel J. Fernandez of Fernandez & Hernandez.
Call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813-229-5353
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