What Happens When You Get a DUI for the First-Time?  

Have you been charged with a DUI (driving under the influence) for the first time? If so, you are likely experiencing a broad range of emotions, especially if you have never been arrested before. Many clients feel anxious about what a DUI charge could mean to their finances, freedom, and future.

Florida has some of the strictest DUI laws in the nation, especially within the last few years. First-time DUI offenders could face hefty fines, vehicle impoundment, a suspended driver’s license, ignition interlock device installation, and possible jail time.

Drivers could face more severe penalties if they had a BAC (blood alcohol concentration) of 15% or more, if they were responsible for a car accident that resulted in property damages or injuries, or if they had an underage passenger in the car.

Possible Penalties

• Suspended license: Commonly, the Florida Department of Highway Safety and Motor Vehicles will suspend a driver’s license for six months if they were arrested while driving with a BAC of .08% or over. Refusing a breath test violates Florida’s implied consent laws and can result in a suspended license for a year.
  Getting to and from work can be very challenging without a car, especially in Miami. Clients can apply for a hardship license to allow them to drive to and from work, grocery store, school, medical appointments, and church.

• Jail time: In Florida, there is no mandatory minimum jail time for first-time DUIs. The circumstances of your case can affect any penalties. Maximum jail terms for first-time offenders include:
  • Six months for a BAC of .08% or more
  • Nine months for a BAC of .15% or more
  • Nine months for an underage passenger
  • 12 months if a car accident resulted in minor injuries or property damage
  • Five years if a car accident resulted in serious bodily injury

• Fines: First-time DUI offenders can face fines that range from $500 to $1,000. However, if you had an underage passenger or blew a .15% or more, your fines could range from $1,000 to $2,000. If anyone suffered serious bodily injury in the accident, the maximum penalty could be $5,000.
• Probation: All first-time DUI offenders are typically placed on probation.
• Community Service: One of the conditions of probation is a minimum of 50 hours of community service.
• Ignition interlock devices: For most first-time DUI offenses with a .08% or greater, the judge will order an ignition interlock for at least six months. If the BAC is .15% or greater, then the interlock device is mandatory.
• Impounded car: If you have been arrested for a DUI, you can expect to have your vehicle impounded for at least ten days.

A first-time DUI conviction in Miami could be costly and mean at least six months in jail while also losing your driver’s license for up to six months and performing fifty hours of community service. Suppose you have no criminal record or history of arrest. In that case, your criminal defense lawyer could fight to minimize your penalties by reducing the fines, requesting probation for twelve months, having you attend drunk driving school and a drug and alcohol program, and more. There are no guarantees until your attorney learns all the specifics of your case.

Second and third DUI convictions can become harsher with each guilty sentence. You could, for example, face fines as high as $4,000, go to jail for a minimum of ten days, or up to a year and more. Any subsequent DUIs could result in harsher sentences like a suspended driver’s license for five to ten years.

Refusing a chemical test doesn’t get you off the hook. Instead, you could lose your driver’s license for a year, no matter if you have been convicted for a DUI or not.

Fourth and subsequent DUI charges are considered third-degree felonies and could label you as a habitual offender.

The Consequences of a DUI in Miami

Drivers who are impaired can pose a tremendous risk and danger to those they share the road with.

Short-term and long-term consequences for driving under the influence can be very severe. As mentioned earlier, penalties for blowing a .15% will be a lot more serious than blowing a .08%. Factors like having a minor in the car at the time of the accident, injuries, fatalities, property damage, and even the level of recklessness and negligence are all considered when you are being convicted.

If you have been charged with a DUI in Miami, you must contact an experienced DUI attorney if you want to reduce your charges, retain your driver’s license, and get your life back to normal as soon as possible.

Retaining your driver’s license is critical, especially in a city like Miami. Think about the time you spend in your car, commuting to and from work or school, running errands, visiting friends and family, and more.

What are the Differences between a DWI and DUI?

DUI means driving under the influence, and DWI means operating a car while intoxicated.

DUI generally is an umbrella term for more than alcohol—it could also refer to prescribed or legal drugs that impair you. For example, taking over-the-counter sleep medication, pain-killer, or cough syrup that impairs you as you drive could mean a DUI charge for you.

While many people use the terms DWI and DUI interchangeably, DUI laws refer to driving a motor vehicle, motorcycle, or bicycle. If you are arrested driving a boat, you will be charged with BUI.

No matter what you call it, the penalties of driving while not sober are severe. Law enforcement will typically use sobriety tests like blood tests or breathalyzers to prove that you were impaired.

Other Factors Involved in a DUI

A DUI conviction in Miami means you must be in control of a motor vehicle. This is a highly critical element, meaning that you must have constructive possession of your car’s keys.

This means that you must either be in the driver’s seat or close enough to it. You could be in the back seat and be charged with a DUI while taking a nap because your car is considered operable.

However, it would not be considered operable if you are in a parked car and have a flat tire or a dead battery and cannot start or drive your car.

This could be important to your case if you were not inside your car at the time of your arrest or if you were trying to be safe and not drive while impaired. Your professional DUI lawyer in Miami can help you determine if this is a factor in your DUI charge.

Contact a Trusted Criminal Defense Lawyer in Miami Today

The consequences of a DUI can be severe and critically impact your life, freedom, and future.

A Miami DUI attorney can help you understand DUI laws and your arrest and case facts to advise you on what happens next. Depending on the circumstances of your DUI charges, they may try to negotiate a plea bargain for a lesser charge.