First DUI Florida Penalties First DUI Florida Attorney


Go to content

First DUI Penalties Crash

First Florida DUI Penalties Property Damage 1st Florida DUI Penalties Crash

Florida First DUI with property damage penalties are essentially the same as a first DUI with a few exceptions. The first difference is that a Florida DUI with property damage is a 1st degree misdemeanor instead of a 2nd degree misdemeanor (DUI is unique in that it is classified as a 2nd degree misdemeanor but some of the potential punishments fall outside of the sentencing guidelines for a M2). The Florida DUI with property damage carries a maximum sentence of a year in jail instead of 6 months. DUI property damage also carries a $1000 maximum fine. After statutory changes in 2009 a DUI without property damage can carry a $500-$1000 fine. The state is more likely to impose the max fine on a Florida DUI with property damage.

Florida DUI property damage Information provided by Daytona Beach DUI Attorney, Volusia County DUI Lawyer Kevin J. Pitts

Florida DUI Property Damage Fine
: up to $1,000 / a reduction to reckless driving reduces the mandatory fine but the fine often stays the same.
Florida DUI Property Damage Driverís License Revocation: minimum mandatory 180 days to a year/ reckless driving has no mandatory criminal license suspension (the administrative suspension can still be an issue when a DUI is reduced to reckless)
Florida DUI Property Damage Business Purpose Only: Must complete DUI school, apply to department for hearing for possible hardship reinstatement.
Florida DUI Property Damage School For License Requirements: Mustschool before hardship reinstatement. Customers who wait out revocation period before reinstatement need only show proof ofcompletion to become re-licensed. If customer enrolls and is reinstated after revocation period expires,to completeDUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed./ The DUI school can be ordered by the Judge in an alcohol related reckless. It is not mandatory but if your license is administratively suspended it is required for reinstatement.
Florida DUI Property Damage Community Service: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required if allowed by the Judge./ 50 hours of community service is not mandatory with a reckless driving but is often still a requirement.
Florida DUI Property Damage Probation: First conviction, total period of probation and incarceration may not exceed 1 year.
Florida DUI Property Damage Jail: Not more than 12 months
Florida DUI Property Damage Conditions for Release: The person is no longer under the influence and; the person's normal faculties are no longer impaired, the person's blood/breath alcohol level is lower than 0.05; or eight hours have elapsed from the time the person was arrested.
Florida DUI Property Damage Impound or Immobilization: 10 days that must not occur during incarceration./ Impound is generally part of a reckless driving sentence.
Florida DUI Property Damage Refusal of Blood, Breath or Urine: Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal (even if the prior DUI is dropped or reduced) is a misdemeanor of the first degree. Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months./ The reduction to reckless driving does not help the administrative suspension. It does help prevent the potential permanent revocation for 4 criminal DUI convictions.

Florida DUI Property Damage Administrative Suspension: First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months. First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year. The suspension is effective immediately The officer will issue the driver a temporary permitfor 10 daysthe date of arrest, provided the driver is otherwise eligible./ A reduction to reckless driving, a complete dismissal or a Nolle Prosequi by the state does not help you with the administrative suspension. The only way to prevent the administrative suspension is to request a formal review within 10 days and successfully challenge the suspension in a formal or informal hearing.
Florida DUI Property Damage Review Hearings For Administrative Suspensions: Department of Highway Safety and Motor Vehicles may upon the request of the driver to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decisions of the department shall not be considered in any trial for a violation of s. 316.193, F.S., (DUI) nor shall any written statement submitted by a person in his request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification.
Florida DUI Property Damage Administrative Suspension Business or Employment Reinstatement:show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve30without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve90without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.
Florida DUI Property Damage Adjudication and Sentencing: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant's blood alcohol was .15 or greater./ The prosecutor can stipulate that the blood alcohol content is below .15%.

Information on this First Florida DUI Attorney website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as Florida DUI legal advice or legal advice in any other state for any individual case or situation. This information on this Florida DUI penalty website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

First DUI Home | First DUI Penalties | First DUI Penalties Crash | First DUI Child In Car | First DUI Above .15 | First DUI Serious Injury | First DUI Death | DUI Diversion | Wet Reckless | Site Map


Back to content | Back to main menu