D.U.I. PENALTIES

So what happens if you are found guilty of D.U.I.? In Palm Beach County the typical plea offer, on a first D.U.I., from the Office of the State Attorney is 12 months of probation with the following speical conditions; A fine of $250.00, 6 months of driver's license suspension; attend 1 session of the Victim Impact Panel; Attend D.U.I. school and complete any recommended treatment; 50 hours of Community Service through the Office of Court based employment; 10 days of vehicle immobilization; court costs and usually no possession or consumption of alcohol while on probation. As an incentive the State Attorney will agree to early termination of probation after 6 months IF all the special conditions have been complied with! Oh, I almost forgot the convicted defendant pays $50.00 per month to be on probation

So what happens if you go to trial and lose. Well, a 1st D.U.I. may be punished by up to 6 months in the County Jail! Will you get that on a 1st D.U.I. No, of course not! Most of the current Judges in Palm Beach County that are assigned to hear D.U.I. cases WILL NOT incarcerate a first time offender if the defendant loses at trial. However, all of the foregoing penalties in paragraph one will be part of the sentence and the court has the discretion to increase the fine, the community service hours and length of license suspension!

The reader should be aware that second, third, fourth offenses all have enhanced penalties. Be advised that a third within 10 years of the second maybe classified as a felony at the discretion of the State Attorney. A fourth at anytime maybe either a felony or misdemeanor depending on the discretion of the Office of the State Attorney. Oh, and on a second and subsequent D.U.I the defendant will have to have an ignition interlock device installed on ANY car that the defendant owns, jointly leases or routinely operates.

The reader should also be aware that just to the North of Palm Beach County are the counties of Martin, St Lucie, Okeechobee and Indian River. Be advised if you go to trial on a 1st D.U.I. and lose a defendant will most likely go to jail.

So why fight a first? Because it is a first and the chances of going to jail after a conviction are almost non-existent, at least in Palm Beach County. If you don't take a chance (by a chance I mean the defendant didn't blow, looks good on the videotape and didn't say something incredibly stupid) then you come under the thumb of the system not to mention what your insurance company may do to you. There is also a possibility that a criminal conviction may affect your application for a job , credit, health or life insurance as well as automobile insurance!

I maybe reached at 561-616-8700. Please fee free to e-mail me at DUITIM@floridaduilawyer.com or visit my website at http://www.floridaduilawyer.com/.

Copyright 2008