The Law Office of Ryan N. Yadav, LLC

Criminal Defense in Your Neck of the Woods

1st Time DUI

Although a misdemeanor, a first time DUI is nothing to take lightly and can fundamentally alter the way you live your life. If convicted of Driving Under the Influence the following penalties will follow:

DUI Fine 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

DUI Probation Not more than 12 months

DUI CommunityService Mandatory 50 hours

DUI Potential JailTime Not more than 6 months. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not more than 9 months

DUI Impoundment of your Vehicle 10 days mandatory

DUI Driver’s License Revocation Minimum 180 days maximum one year

DUI Business Purposes Only License Must complete DUI school, apply to the DMV for a hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15

DUI School Must complete DUI school before hardship reinstatement. Customers who wait out the revocation period before reinstatement must show proof of enrollment or completion to become re-licensed. If customer enrolls and is reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed.

All of the above penalties are obviously severe; however, without question the loss of your Driver’s License is the most troubling. In order to prove the crime of DUI the State of Florida must show that (1) the person driving was in actual physical control of a vehicle and in the proper jurisdiction (2) if the person is driving or in actual physical control of a vehicle that their normal faculties are impaired. The state can prove impairment by the rebuttable presumption of blood alcohol content of above .08 through use of an intoxilyzer or breathalyzer device or by other evidence including but not limited to: field sobriety exercises, in car and dash cam video, and officer observations.

Contact Sanford Criminal Defense Lawyer, Ryan Yadav, 24 hours a day 7 days a week, for a free consultation if you have been charged with DUI.

 

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