Criminal penalties can be imposed upon individuals convicted of a DUI offense. The extent of punishment will depend on several factors, including the severity of the offense. Florida DUI laws provide for relatively lesser penalties for a first-time DUI offender. However, each time the offense is repeated, the extent of the penalties may increase. Some of the typical penalties include monetary fine, probation, community service, and imprisonment. For information about how DUI laws affect your case always be certain to consult a criminal attorney who has experience in handling DUI cases. For more information about defending against criminal charges in the Fort Lauderdale area contact William Moore Criminal Defense, 954-523-5333
How is the penalty determined?
Several factors are taken into account while deciding the severity of penalties in case of a DUI conviction. Some of them are as follows:
• The primary factor that will be looked at is the previous criminal record of the individual with regard to DUI, and the general track record of driving. If the individual is a first-time DUI offender and has an otherwise clean driving record, the penalties imposed may be minimal under the law. The severity of penalties will increase, depending upon the extent of repetition of the offense.
• A second key factor is whether the DUI offender was driving a commercial vehicle or a private vehicle. Under the DUI law Florida, drivers of commercial vehicles will face more severe penalties compared to private vehicle drivers. This is because most likely the vehicle is larger and could cause more harm and you are supposed to be at work, in a professional atmosphere. But the same aspects apply here as anywhere else, the law enforcement officer who wrote the ticket could be in the wrong here too.
• If the offender has committed other driving offenses in addition to DUI, such as over-speeding, reckless driving or violation of traffic signals, the quantum of penalties may increase.
• A critical factor in determining penalties will be whether the offense of DUI caused personal injury to another person or damaged the property of another person.
• Penalties may be higher if it is found that the driver’s vehicle carried one or more children as passengers. The driver’s own legal age may also influence the extent of the penalties imposed.
A DUI offender may seek legal support from Florida DUI defense attorneys to argue the case for minimum possible penalties.
Restriction of Your Driving Privilege
In addition to criminal penalties, a DUI offense may also result in a curtailment of the offender’s driving privileges. Such restrictions may be imposed at the time of the arrest or upon conviction. Under the DUI law Florida the driver’s license will be suspended if the driver’s BAC limit is found to be higher than the legal limit or the driver refuses to submit to a BAC test asked by the police officer. The DUI offense may also lead to impoundment of the driver’s vehicle. Any administrative costs related to such impoundment may have to be borne by the offender.
This is not even counting the possibility of the offender missing work or if this ticket will affect their professional lives in any manner. The costs could be severe.
Installing a Breathalyzer on Offender’s Vehicle
A penalty that may serve as an effective deterrent in case of repeat DUI offenders is the mandatory installation of a breath analyzing device on the vehicle of the offender. This penalty has gained significantly wide acceptance in recent years. The device in this case includes an ignition interlock that works automatically. It will stall the vehicle’s operation the moment it detects that the BAC level is more than the legal limit. DUI lawyers in Florida may advise the offenders in such a case of their legal rights with regard to the installation of such a device.