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DUI/BUI

FIRST TIME DUI PENALTIES

For a first offense of DUI (no prior convictions in your lifetime) the following penalties will or may be imposed.

The court must impose a minimum $500 fine. The court may impose up to a $1000 fine but may not impose more than a $1000 fine for a first conviction of DUI. In Pinellas County the standard fine is $983.00;

The court may impose up to six months in jail, but no jail time is required For a first offense the court may not impose more than six months in jail;

No ignition interlock device is required but the court may impose one for up to six months if your breath- alcohol level was .08 or higher. An ignition interlock device is a device that is installed in your This device requires you to blow into it and measures the alcohol in your system;

Six (6) month driver license suspension, however, you will be eligible for a limited driver license.

Six (6) month reporting probation, which in most cases may terminate upon you completing all the required conditions;

Ten (10) day immobilization of your vehicle, unless the vehicle is the only vehicle in the family and it would cause a hardship to family members if the vehicle was immobilized;

Completion of a Mothers Against Drunk Driving (MADD) Victim Impact Panel (VIP);

Fifty (50) hours of community service work hours. The court may allow you to buy out your work hours at the rate of ten ($10) dollars per hour. In other words, the court may allow you to pay a fine of $500 in lieu of completing fifty (50) community service work hours.  The court must first make a finding that actually completing the work hours would be an undue hardship either due to your geographic location or because of your employment responsibilities.

FIRST TIME DUI WITH A BREATH OR BLOOD ALCOHOL CONTACT (BAC) OF .15 OR MINOR IN VEHICLE

The court must impose a minimum A minimum fine of $1000 and up to a maximum fine not to exceed $2000.

The court may impose up to nine (9) months in jail;

The court must order an ignition interlock device on you vehicle for not less than six (6) months. An ignition interlock device is a device that is installed in your The device requires you to blow into it and measures the alcohol in your system;

Six-month driver license suspension, however, you will be eligible for a limited driver license.

Six-month reporting probation, which in most cases may terminate upon you completing all the required conditions;

Ten (10) day immobilization of your vehicle, unless the vehicle is the only vehicle in the family and it would cause a hardship to family members if the vehicle was immobilized;

Completion of a Mothers Against Drunk Driving (MADD) Victim Impact Panel (VIP);

Fifty (50) hours of community service work hours. The court may allow you to buy out your work hours at the rate of ten ($10) dollars per hour. In other words, the court may allow you to pay a fine of $500 in lieu of completing fifty (50) community service work hours.  The court must first make a finding that actually completing the work hours would be an undue hardship either due to your geographic location or due to your employment responsibilities.

FIRST TIME DUI WITH A CRASH WITH PROPERTY DAMAGE OR NON SERIOUS INJURY, SERIOUS INJURY OR DEATH

In addition to the penalties described above, certain additional or enhanced penalties apply in the following circumstances for a first time DUI conviction

If during the course of the DUI you cause property damage or non-serious injury to a person, you are guilty of   a misdemeanor of the first degree.

If during the course of the DUI you cause serious bodily injury to a person, you are guilty of a third-degree felony.

If during the course of the DUI you cause the death of a person, you are guilty of a second-degree felony. If you cause a death of a person and leave the scene of the accident, you are guilty of a first-degree felony.

If you are convicted of DUI manslaughter there is a mandatory minimum prison sentence of four years.

There is also a mandatory lifetime revocation of your driving privilege if you are convicted of DUI manslaughter.

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John P. Rutkowski, Attorney at Law, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving/Boating Under the Influence. Sale, Delivery, Possession Drugs, All Sex Crimes, Felony & Misdemeanor. Contact us today to schedule an initial consultation.

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