Can First-Time DUI Offenders Avoid Jail Time?

Defending Your Rights in Florida

If you have been charged with a DUI, it can be a time of great confusion, regret, and fear. A split-second decision to get behind the wheel while under the influence can have far-reaching ramifications you didn’t anticipate. Florida is one of the strictest states regarding its DUI policies and laws. This charge may result in fines and suspension of your license. But you don’t have to accept these outcomes as foregone conclusions.

When you contact the caring lawyers at DeMichael Law, our legal team takes the time to review all aspects of your charges with you before drafting the defense that works best for your case. We don’t believe in a one-size-fits-all approach. Call us today for a free consultation to learn how we can help. Schedule at 863-216-1831

How Can I Get My DUI Charges Dropped?

Being charged with DUI is scary, and you probably feel like it is hopeless, but there are options. Sometimes, prosecutors may decide not to charge you at all. This might happen for many reasons, but most often, this occurs because a prosecutor feels that they don’t have sufficient evidence to move forward with their case, so they may opt not to press charges.

The prosecutor is most likely to take this route if the evidence against you is compromised in some way, such as a blood alcohol test that took too long to come back or that had inconclusive results. Prosecutors have limited time to act, and they have a lot of cases to pursue. If too much time passes, they are more likely to move on to their next case.

In What Situations Will Charges Be Reduced if They Are Not Dropped?

Keep going if you are unsuccessful in your bid to get the charges dropped. Sometimes, DUI charges are reduced to reckless driving charges, also known as “wet reckless driving” charges. Usually, your DUI lawyer will help you enter into a plea deal to get the charges reduced. A plea deal means agreeing to plead guilty to a less severe charge (in this case, reckless driving) to avoid a lengthy trial.

What Are Florida DUI Laws?

We want Florida roads to be safe for all motorists, which means a zero-tolerance policy for DUI offenders. While most DUIs are considered misdemeanors, this does not mean they should not be taken seriously. Certain situations can turn them into felonies.

The penalties for a DUI conviction vary depending upon the circumstance of the charge. Still, they can result in significant jail time, license suspension, and the installation of a mandatory ignition interlock device in your vehicle before your driving privileges are reinstated.

There are also financial ramifications to consider:

• First conviction:
  • A fine of $500-$1,000.
  • If minors were in the car, or the BAL was .15 or higher, the fine would be $1,000-$2,000.
• Second conviction:
  • A fine of $1,000-$2,000.
  • If minors were in the car or BAL was .15 or higher, the fines increase to $2,000-$4,000.
• Third conviction :
  • A fine of $2,000 or more than $5,000.
  • If minors were in the car or BAL was .15 or higher, the fine would be at least $4,000.
• Fourth or subsequent conviction:
  • A minimum fine of $2,000.
  • If minors were in the car or BAL was .15 or higher, the fine would be at least $4,000.

Is it Possible for First-Time DUI Offenders to Avoid Jail Time?

Florida law states that first-time DUI offenders may be sentenced to as much as nine months in jail, depending upon the circumstances of the charges. Jail time is not a mandatory sentence, and it may be avoided in certain situations. DeMichael Law has a variety of legal defense strategies to challenge these charges, and our skilled DUI attorneys can help you determine which pathway is best for your case.

Common defenses include:

• Constitutional violations- During the stress of an arrest, law enforcement may not have followed all the rules regarding probable cause.
• Faulty field sobriety tests—While these tests are highly accurate in most circumstances, the results can be challenged in certain situations.
• Outside Factors- Sometimes, individuals suffer from medical conditions, health impairments, or other factors that impact breathalyzer results.

Skilled DUI counsel can help determine if these or any other defenses apply to your case.

What are the Sobriety Tests Administered During DUI Stops?

Three tests determine the sobriety of drivers suspected of DUIs in Florida. They are the Horizontal Nystagmus Gaze Test (HGN), the Walk and Turn Test, and the One-Leg Stand Test. The officer must comply with specific instructions when administering these tests to drivers.

Some police departments can also administer breathalyzer tests on the scene, so drivers may be asked to do that.

Can I Refuse The Tests?

Florida is an implied consent state. By being on the road, you have given your unspoken consent to be given a breath test if requested by law enforcement should you be stopped. There are specific requirements regarding using these tests as proof and what makes them admissible.

When Should I Contact a DUI Lawyer?

An arrest is always frightening. It may feel like doors are closing all around you, but hope remains. With a skilled and knowledgeable DUI lawyer from DeMichael Law on your side, you can avoid conviction or reduce the penalties. Don’t let one mistake define your life. Call 863-216-1831 to schedule your free consultation.