Driving Under The Influence
After litigating thousands of DUI cases, I realized that most people do not understand how easy it is to get arrested for DUI.
Did you know that you can get a DUI even though you were NOT drunk?
Did you know that you can get a DUI even though you were NOT driving?
Due to all the horrible deaths, especially to young people, that have occurred in Florida as a result of drunk driving, the Florida Legislature has passed some of the most stringent and demanding DUI laws in the nation. These laws are enforced by local police departments and the Florida Highway Patrol using a zero tolerance standard. As a consequence, Florida prosecutes an enormous amount of DUI cases every year.
Penalties
As a minimum requirement, every person convicted of DUI in Florida will have a combined sentence that usually includes a driver’s license suspension or revocation, academic classes on drunk driving, a psychosocial evaluation followed by any recommended treatment, community service, vehicle immobilization or impoundment, court costs, fines, and restitution when appropriate.
However, depending on the type of DUI case you have, your exposure to jail or prison time will vary. The following chart explains some of the differences in regards to incarceration:
| 1st DUI Offense | 0–180 days in county jail, assuming no enhancements | |
| 2nd DUI Offense Within 5 Years | 10–270 days in county jail, assuming no enhancements | |
| 3rd DUI Offense | Up to 5 years in Florida State Prison, assuming no enhancements | |
| DUI w/Property Damage | Up to 364 days in county jail | |
| DUI w/Serious Injury | Up to 5 years in Florida State Prison, per victim | |
| DUI Manslaughter | 4–15 years in Florida State Prison, per victim | |
| DUI Manslaughter w/Failure to Render Aid | 4–30 years in Florida State Prison, per victim |