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DUI – Did you Know?

Posted by Larry Avallone | Oct 05, 2015 | 0 Comments

Most DUI's in Florida are charged as a misdemeanor, however it really depends on the circumstances. Here is a rundown:

  • First DUI – a misdemeanor with a maximum of 6 months in jail.
  • DUI with a child in the vehicle – a misdemeanor with a maximum of 9 months in jail.
  • DUI with a breath or blood alcohol concentration (BAC) over .15 – a misdemeanor with a maximum of 9 months in jail.
  • Second DUI outside of five years – a misdemeanor with a maximum of 9 months in jail.
  • Second DUI within five years – a second instance five years of a prior conviction is a misdemeanor with a maximum of 9 months in jail.
    • (unless it is also proven that the BAC is over .15 or a child was in the car – then the maximum is 12 months in jail).
  • DUI with property damage (or non-serious personal injury) – a first degree misdemeanor with a maximum of 12 months in jail.
  • Third DUI outside of 10 years – a misdemeanor with a maximum of 12 months in jail.

On to the felonies:

  • Third DUI within 10 years – a third DUI can be charged as a felony if the third DUI arrest is within 10 years of any prior DUI conviction.
  • Fourth or Subsequent DUI – any fourth instance can be charged as a third degree felony punishable by up to five years in prison.
  • DUI with Serious Bodily Injury – a third degree felony with a maximum of five years in prison.
  • DUI Manslaughter – a second degree felony with a maximum of 15 years in prison.
  • DUI Manslaughter / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.
  • Vehicular Homicide – a second degree felony with a maximum of 15 years in prison.
  • Vehicular Homicide / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.

Learn more on the Florida Department of Highway Safety and Motor Vehicles (DHSMV) website. Be safe and choose your designated driver before you drink. Have questions or need help? Give me a call today (386) 682-9235.

About the Author

Larry Avallone

Larry Avallone is a Volusia County Florida based Board Certified Criminal Trial Attorney. He has been a Deputy Sheriff and a State Prosecutor and he exclusively practices criminal defense law.

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