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First Time DUI

Fort Myers First Time DUI Lawyer

Florida's DUI and Administration Penalties

In the state of Florida and across the nation it is against the law to operate a motor vehicle with a blood alcohol concentration level of 0.08% or greater. For commercial drivers the threshold is set at 0.04% and even lower for underage drivers at just 0.02%, which means an underage driver can be arrested and convicted of DUI after just one alcoholic drink.

Under DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances) Section 316.193, F.S., DUI is a criminal offense that is proved by impairment of one's normal faculties or the blood alcohol or breath alcohol level of .08% or more. The penalties for a DUI conviction are the same, regardless of how the prosecution proves the offense was committed.

Work with our Fort Myers first time DUI lawyer today if you have been charged for your first DUI! Call us at (800) 614-5138.

Penalties for a First DUI Offense

Under Schedule s. 316.193(2)(a)-(b), F.S., the penalties for a first DUI conviction in the state of Florida are as follows:

  • Fines ranging from $500 to $1,000.
  • 180 days to 1 year driver's license revocation effective the date of conviction.
  • If the blood alcohol level was 0.15% or higher, or if there was a minor in the vehicle, the fines are from $1,000 to $2,000.
  • 50 hours of mandatory community service or an additional $10 per an hour fine for each hour of community service required.
  • On a first conviction, probation and incarceration cannot exceed 12 months.

Imprisonment with a first conviction is at the court's discretion; however, sentencing terms may be served in a residential alcoholism or drug abuse program with credit going towards imprisonment.

With a first conviction, imprisonment is not to exceed 6 months unless the driver had a BAL of 0.15% or higher, or if there was a minor in the vehicle, imprisonment cannot exceed nine months.

In cases where the driver's family does have another vehicle for transportation, the driver's vehicle can be impounded for 10 days upon a first conviction, and impoundment or vehicle immobilization cannot be concurrent with incarceration.

In order for someone that has been arrested for DUI to be released, they must no longer be under the influence of alcohol, their normal faculties can no longer be impaired, their blood/breath alcohol level must be less than .05%, and eight hours must have elapsed from the time they were arrested.

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