If you have been charged with a DUI in Orlando or surrounding areas, you are probably wondering what you can expect if you are convicted. Driving with a blood alcohol concentration (BAC) that is over the legal limit of .08% is a serious crime that is prosecuted harshly. If you have been arrested and charged with a DUI, you need to contact an Orlando DUI lawyer from our firm today to discuss your case. DUI penalties can be affected by how high your BAC was at the time of arrest, if an accident or injury occurred as a result and if you are a first-time or repeat offender.
Generally, a DUI includes a monetary fine, as well as a suspension of your driver's license. In severe or repeat offender cases, you may have your vehicle impounded, or even be assigned jail time. If you have been arrested for DUI, you need an attorney who will aggressively fight for your freedom. At Ali & Blankner, we are experienced criminal attorneys who have had experience as prosecutors, as well. We can look for weaknesses in your case and argue for reduced charges or sentencing. We may be able to keep you out of jail with only probation or a fine.
Contact our Orlando defense firm today to discuss your case in detail during a free consultation.
The penalties for a first offense include:
It is important to note that the penalties become more severe for multiple offenses: jail time becomes lengthier, probationary periods are longer, and fines significantly increase.
If you are facing potential jail time, there may still be some options available to you:
If convicted of a DUI, you will have to report for supervised probation in order to complete your sentence. Generally, cost of supervision is thirty dollars a month and may consist of random urine tests for the presence of drugs and/or alcohol (depending on the conditions of your sentence). The probation officer will ensure that you have committed no additional crimes during the term of our probation and complete the other terms of your sentence such as community service, classes, etc. If you fail to complete all the sanctions ordered by the court, the probation officer will file a violation of probation and you will be charged with an additional crime. On the other side, if you are able to complete all the court ordered sanctions, you may be eligible for early termination of probation.
There are numerous tasks/jobs you may do to complete the requirement of community service hours. In addition, you may be able to “buy out” your community service hours at the rate of ten dollars an hour, depending on the court’s ruling. In the event you are unable/unwilling to buy out the community service hours, ask your probation officer for a list of approved tasks/jobs that best suits your abilities.
A common misunderstanding of this penalty is the belief that your vehicle will be towed and stored at a government facility for a period of time. If your vehicle is required to be impounded/immobilized your vehicle tag will be removed or a “boot” will be placed on your vehicle in order to satisfy this condition of probation. You may be eligible for a waiver of this requirement if your vehicle is the only means of transportation for your family or if the vehicle is solely used by one of your employees or business.
An ignition interlock device is an in-car breath alcohol machine that prevents a vehicle from starting if it detects a driver’s blood alcohol concentration (BAC) over a 0.05 limit. The ignition interlock device is designed to fit inside the vehicle, near the driver’s seat, and is connected directly to the vehicle’s ignition system. Before starting the vehicle, the driver must blow into the interlock device before the vehicle can be started. Once the device has determined the driver is below a 0.05, the vehicle may be started. In addition to the initial sample to activate your vehicle, the machine requires additional breath samples at random intervals during the trip or the vehicle’s engine may shut down.
The DHSMV monitors the ignition interlock device through their Ignition Interlock Program. The cost for installation of the device is $70 with monthly monitoring and calibration payments of $67.50. In addition, DHSMV may require a $100 down payment or a $5 per month insurance fee. For more information on the specific interlock device used in Central Florida click here.
The DUI Counterattack Class is offered by the Florida Safety Council. The class is a course taught to explain the effects of alcohol and drugs while operating a motor vehicle; a review of Florida traffic laws relating to DUI as well as the court system and DHSMV; identify types of alcohol usage and identify the motorist’s drinking and drug use patterns; and to learn about drug and alcohol resources available in the community.
The DUI Counterattack Class may be made of two levels. Level one consists of a twelve-hour course with a one hour evaluation by a DUI instructor who will make a determination of whether a substance abuse treatment program is appropriate. Level two consists of a twenty one hour course with a two hour evaluation by a DUI instructor who WILL recommend a substance abuse treatment program.
Upon Court order, you must complete the instructional phase of the course as well as the substance abuse treatment program in order to satisfy conditions of your probation. To enroll online for the DUI Counterattack Class click here. Before enrolling, you must have the following information:
A Victim Impact Panel is an awareness program, presented by Mothers Against Drunk Driving (MADD), intended to educate DUI offenders of the potential harm that can be caused by driving under the influence of alcohol.
If convicted of a DUI, you will be required to attend this program as a condition of your probation. The program consists of one evening session in which you will sit through a meeting, participate, and listen to the tragic stories shared by the panel members and presenters.
The Panel is made up of a group of volunteers who share personal and tragic experiences of how drunk drivers have affected their lives and loved ones. This program provides DUI offenders with the chance to witness the amount of pain and devastation a DUI victim may endure because of another person’s decision to drive while under the influence.
Fines and costs may be made up of a fine imposed by the court, court costs, cost of prosecution, and costs of investigation by law enforcement. Fines may have to be paid in full by the end of your probationary term or you may be eligible for collection court. Collection court allows you to make monthly payments, until paid in full, with a $5 monthly charge. If you have been sent to collection’s court and fail to pay, you may be sentenced to jail depending on your failure to timely notify the court of your lack of payment.
When you have been charged with a DUI, you need an attorney that will fight for you tirelessly until your case has been decided. We are dedicated to helping our clients who are good people that may have found themselves in a bad situation. If you are looking for legal representation to help you get through your DUI case, contact our firm! We possess the experience you can count on and the knowledge that will be beneficial to your circumstances.
Contact an Orlando DUI defense attorney today to learn more about the penalties you may be facing from your DUI charge.