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DUI Defense
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Criminal Traffic Defense
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Traffic Violations
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Florida DUI Penalties
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Hardship License Info.
~ DUI
Appeals
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Driving Under Suspension
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Vehicle Forfeiture
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DUI School Requirements
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Administrative Suspensions
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Sobriety Tests
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Alcohol Acceleration Factors
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Stages of Intoxication
Law Offices of
Jeffrey A. Herzog, P.A.
3106
ALT US 19
Palm Harbor, FL 34683
Toll Free: (866) 789-4002
Phone: (727) 789-4000
Fax: (727)
789-4002
DUI Defense Attorney & Lawyer legal services for the following
areas:
Palm
Harbor
Clearwater
New Port Richey
Hillsborough County
Pasco County
Pinellas County
Trinity
Safety Harbor
Tarpon Springs
Oldsmar
Odessa
Holiday
Zephyrhills
Port Richey
The longer one
waits to obtain the legal advice and services of an experienced attorney or lawyer
in legal matters; the ability to
achieve a successful or desired result
may be dramatically reduced.
|
Palm Harbor
DUI Attorney
& Lawyer providing professional DUI Defense, Driving Under
The Influence legal services in
Palm Harbor, Clearwater, New Port
Richey, and
the surrounding Southwest Florida communities.
 DUI
(Driving Under the Influence of Alcoholic Beverages, Chemical Substances
or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of
normal faculties or unlawful blood alcohol or breath alcohol level
of .08 or above. The penalties upon conviction are the same,
regardless of the manner in which the offense is proven.
Fine
Schedule s. 316.193(2)(a)-(b), F.S.
First Conviction:
Not less than $500, or
more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or
higher or minor in the vehicle: Not less than $1,000, or more than
$2,000.
Second Conviction:
Not less than $1,000,
or more than $2,000. With BAL of .15 or higher or minor in the
vehicle: Not less than $2,000, or more than $4,000.
Third Conviction
More than 10 years from second:
Not less than $2,000, or more than $5,000. With BAL of .15 or higher
or minor in the vehicle: Not less than $4,000.
Fourth or Subsequent
Conviction:
Not less than $2,000.
Community Service - s. 316.193 (6)(a), F.S.
First Conviction:
Mandatory 50 hours of community service or additional fine of $10
for each hour of community service required.
Probation - s. 316.193 (5)(6), F.S.
First conviction, total period of probation and incarceration may
not exceed 1 year.
Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
At court's discretion,
sentencing terms may be served in a residential alcoholism or drug
abuse treatment program, credited toward term of imprisonment.
First Conviction:
Not more than 6
months. With BAL of .15 or higher or minor in the vehicle: Not more
than 9 months.
Second Conviction:
Not more than 9
months. With BAL of .15 or higher or minor in the vehicle: Not more
than 12 months. If second conviction within 5 years, mandatory
imprisonment of at least 10 days. At least 48 hours of confinement
must be consecutive.
Third Conviction:
If third conviction within 10 years, mandatory imprisonment of at
least 30 days. At least 48 hours of confinement must be consecutive.
If third conviction more than 10 years, imprisonment for not more
than 12 months.
Fourth or Subsequent
Conviction:
Not more than 5 years
or as provided in s.775.084, Florida Statutes, as habitual/violent
offender.
Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.
Unless the family of the defendant has no other transportation:
First conviction = 10 days; second conviction within 5 years = 30
days; third conviction within 10 years = 90 days. Impoundment or
immobilization must not occur concurrently with incarceration. The
court may dismiss the order of impoundment of any vehicles that are
owned by the defendant if they are operated solely by the employees
of the defendant or any business owned by the defendant.
DUI
Misdemeanor Conviction: (Accident Involving Property Damage or Personal
Injury)-s. 316.193 (3), F.S.
Any
person who causes property damage or personal injury to another
while driving under the influence is guilty of a First Degree
Misdemeanor (not more than $1,000 fine or 1-year imprisonment).
DUI
Felony Conviction: (Repeat Offenders or Accidents Involving Serious
Bodily Injury)-s. 316.193 (2),(3) F.S.
-
Any person convicted of
a third DUI within 10 years or a fourth or subsequent DUI commits a
Third Degree Felony (not more than $5,000 fine and/or 5 years
imprisonment).
-
Any person who causes
serious bodily injury while driving under the influence is guilty of
a Third Degree Felony (not more than $5,000 fine and/or 5 years
imprisonment) or if habitual/violent felony offender as provided in
s. 775.084, F.S.
Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.
-
DUI/Manslaughter:
Second Degree
Felony (not more than $10,000 fine and/or 15 years imprisonment).
-
DUI Manslaughter/Leaving the Scene:
A driver convicted of DUI Manslaughter who knew/should have known
accident occurred; and failed to give information or render aid is
guilty of a First Degree Felony (not more than $10,000 fine and/or
30 years imprisonment).
-
Vehicular Homicide:
Second Degree
Felony (not more than $10,000 fine and/or 15 years imprisonment).
-
Vehicular Homicide/Leaving the Scene:
A driver convicted of vehicular homicide who left the scene of
an accident is guilty of a First Degree Felony (nor more than
$10,000 fine and/or 30 years imprisonment).
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s.
322.28,F.S.
A.
First Conviction:
Minimum 180 days
revocation, maximum 1 year.
B.
Second Conviction
Within 5 Years:
Minimum 5 years
revocation. May be eligible for hardship reinstatement after 1 year.
Other 2nd offenders same as "A" above.
C.
Third Conviction
Within 10 Years:
Minimum 10 years
revocation. May be eligible for hardship reinstatement after 2
years. Other 3rd offenders same as "A" above; one conviction more
than 10 years prior and one within 5 years, same as "B" above.
D.
Fourth Conviction,
Regardless of When Prior Convictions Occurred) and Murder with Motor
Vehicle:
Mandatory permanent
revocation. No hardship reinstatement.
E.
DUI Manslaughter:
Mandatory permanent
revocation. If no prior DUI related convictions, may be eligible for
hardship reinstatement after 5 years.
F.
Manslaughter, DUI
Serious Bodily Injury, or Vehicular Homicide Convictions:
Minimum 3-year
revocation. DUI Serious Bodily Injury having prior DUI conviction is
same as "B-D" above.
Commercial Motor Vehicles (CMV) – Alcohol-Related
Convictions/Disqualifications-s. 322.61, F.S.
-
Persons convicted of
driving a commercial motor vehicle with a blood alcohol level of .04
or above: driving a motor vehicle while he or she is under the
influence of alcohol or a controlled substance or refusing to submit
to a test to determine the alcohol concentration while driving a
commercial motor vehicle, driving a commercial motor vehicle while
under the influence of alcohol or controlled substance, or driving a
commercial motor vehicle while in possession of a controlled
substance shall be disqualified from operating a commercial motor
vehicle for a period of 1 year. This is in addition to any
provisions of s. 316.193 for DUI convictions.
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Second or subsequent
conviction of any of the above offenses arising out of separate
incidents will result in a permanent disqualification from operating
a commercial motor vehicle.
-
There are no provisions
for persons disqualified from operating a commercial motor vehicle
to obtain a hardship (business or employment) license to operate a
commercial motor vehicle.
 If
you have been charged with a DUI
crime in
Palm Harbor, Clearwater, New Port Richey,
or the Southwest Florida area, contact an experienced attorney
& lawyer at
the
Law Offices of Jeffrey A. Herzog, P.A., today by calling
Toll Free: (866)-789-4002
/
Locally:
(727) 789-4000,
or
email with any questions, comments, or concerns,
or to schedule a confidential legal consultation.
 If you require professional legal advice and
representation in
Palm Harbor,
Clearwater,
New Port Richey, and surrounding Southwest
Florida counties, make sure your legal rights
are protected by seeking the legal advice of an
experienced attorney & lawyer.
Contact
the
Law Offices of Jeffrey A. Herzog, P.A., today by calling
Toll Free: (866)-789-4002
or
Locally at
(727) 789-4000
to schedule a confidential legal consultation.
Call Us Now Toll Free: (866)-789-4002
/ Locally: (727) 789-4000
Palm Harbor
DUI Attorney
& Lawyer providing professional DUI Defense, Driving Under
The Influence legal services in
Palm Harbor, Clearwater, New Port
Richey, and
the surrounding Southwest Florida communities. |
