What Factors Can Enhance Or Aggravate DUI Charges?

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One of the biggest aggravators out there is dictated by statute, and it’s having a breath test result above 0.15. That subjects you to different sections of statute, as well as the potential for other penalties. Another enhancement is prior DUI convictions, which have the potential to get you into felony court. One of the other things that they are looking at is the driving pattern, in terms of whether or not other individuals were placed in jeopardy and whether or not there was an accident. Even the most minor accident during the incident is going to put you under a different section of the statute with enhanced penalties.

What Are The Penalties Associated With A DUI Conviction In Florida?

Right now in the state of Florida there are no diversionary programs for DUI. It’s actually different than other charges, because DUI carries with it a mandatory adjudication. The adjudication is the formal conviction. The primary reason for that is that they want to make a record. If you were able to enter a diversionary program, you could have your case dropped. If you were able to get them to withhold the adjudication, you would be eligible to seal and expunge your case. The legislature’s effort has been to eliminate that possibility for you. They want to tattoo you with a conviction so that if it happens again, they’ll know if it’s your second, third or tenth DUI. That’s fairly harsh for someone who may have never been in trouble before. You could commit a crime that is much worse than a DUI and actually carries with it some mens rea or some really bad intent, and you would still be eligible for diversion or a withholding of adjudication.

A first offense DUI that does not involve a concentration greater than 0.15 is a misdemeanor and carries a minimum fine of $500, six months in jail, a six month driver’s license suspension, a 10 day impound of the vehicle, 50 hours of community service, DUI school, an evaluation for counseling, and a requirement to follow any recommendations based on that evaluation. A second DUI offense involves the same penalties as a first time DUI, but the minimum fine is doubled. If it is a second offense within five years, then there is a five year license suspension, a minimum of 10 days in jail, and the impound of the vehicle is for 30 days. A third offense DUI that occurs within 10 years of prior DUIs carries a minimum of 30 days in jail, a 10 year license suspension, and a 90 day impound of the vehicle. The fine doubles again to a $2000 minimum. A fourth DUI will land you in felony court, where they can send you to prison for up to five years. So, it gets incrementally worse as time goes on.

Those penalties are the minimum penalties if they convict you. The golden chalice of a DUI practice is to get the case reduced to a reckless driving or a careless driving case. If we can do that, then we avoid the minimum penalties and are able to negotiate from there.

Do You Recommend Pre-Trial Counseling For Your DUI Clients?

I will always recommend getting counseling if it is something that’s needed. As far as signing up for the class simply because you think it’s going to look good, I don’t know if it’s necessary. I need to talk to people on an individual basis in order to see where we are at. If the Department of Motor Vehicles suspends your license, you will ultimately need to complete DUI School in order to have your license reinstated. An aspect of DUI School is going to be an evaluation for counseling, and you must follow whatever recommendations result from that evaluation. So, we may end up there in the meantime, but we need to follow the proper route and talk to the people at the DUI School to make sure that we are complying with what they want. This is because we need to get that completion certificate in order to fully reinstate the license. These are the requirements of the DMV, not the criminal court.

Criminal court can impose some of those requirements too, but we have a bit of breathing room at the beginning of the case to get those things done. If you come in and talk to us, we can discuss the options, and decide what good it would do us given the particular facts of a person’s case and their individual situation.

What Sets You And Your Firm Apart In Handling DUI Cases?

When we go to court on a DUI case (and any other criminal case, for that matter), the state attorney and the judges know who tries cases and who doesn’t. DUI is a hot topic at the courthouse. They are very reluctant to drop or reduce these cases. Oftentimes, the state would rather go to trial on a bad case for them and have the jury (i.e. the community) be the one that lets you go, rather than have it on their shoulders. One of their biggest fears is that they drop or reduce the case and then you pick up another case a week or a year later, and someone’s hurt. That’s a career-ender for them. So, they are going to push very hard, but they also know who is going to try the cases and what the potential outcome is going to be.

I think we are set apart by the fact that we’ve been trying and winning these cases for two decades. When they see that we are handling a case, they are more likely to drop or reduce it, as opposed to someone who may be there just to cut a deal. I think that makes a huge difference in what we are doing. The reason I do this stuff is because I really enjoy trying the cases, and I think that shows when we are in court. I think everyone at the courthouse knows that.

For more information on Aggravating Factors For DUI Charges, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 263-4384 today.