What are the legal ramifications of a DWI and a DUI?

by PATRICIA WOLOCH

DWI (driving while intoxicated) and DUI (driving under the influence) are defined as operating a vehicle while impaired by alcohol consumption. If your blood alcohol concentration (BAC) is .08 or higher, or you have a chemical or controlled substance in your blood, you are considered legally impaired. DWI and DUI are serious offenses and come with very harsh penalties in the state of Florida.

Drinking and driving is extremely dangerous and results in the death of many innocent people each year. The laws against doing so are becoming increasingly tougher. As the offender repeats the crime, the penalties grow worse. A conviction for DWI/DUI will remain on your record for seventy-five years. Basically, one mistake and it will follow you for the rest of your life.

Your First Conviction

Even your first conviction will cost you dearly. Here are the penalties for the first DWI/DUI conviction:

?Fines ranging between $250 and $500. A BAC of .20% or higher, or having a minor in the vehicle with you, raises your fine to $500-$1000.
?Mandatory fifty hours of community service. If you do not perform your community service, you will receive an additional fine of $10 per required hour of community service not performed.
?One year of probation.
?A minimum of eight hours of jail time and as long as six months in jail. If your BAC is .20% or higher, your jail sentence could be as much as nine months.
?If someone else is injured or killed as a result of your DWI/DUI, you can face at least two years in jail.
?Your vehicle will be impounded for ten days following your release from incarceration.
?Your driver's license will be revoked for a minimum of six months.

Your Second Conviction

The second time you are convicted of DWI/DUI, your fines will range from $500-$1000. If your BAC is .20 or higher or you have a minor in the vehicle, it will range from $1000 to $2000. Your jail time will increase to nine months, twelve if your BAC is .20 or there is a minor in the vehicle. Your vehicle will be impounded for thirty days and your driver's license revoked for at least six months. If it is the second conviction you have received in five years, ten days of mandatory incarceration is required. You will also lose your license for five years. You may be able to apply for a hardship license after one year.

Your Third Conviction

If it has been less than ten years since your last conviction, your fines will be $2000-$5000, jail for thirty days, vehicle impounded for ninety days and license revoked for at least ten years. Outside the ten year period your fines will range from $1000 to $2500. Your jail time will be up to twelve months. Your vehicle will be impounded and your license revoked for at least five years.

Any Additional Convictions

?Fines of at least $1000. For a BAC of .20% or higher, at least $2000. There is no maximum amount posed on fines.
?Incarceration for up to five years.
?Mandatory permanent revocation of your license. There will be no eligibility for hardship reinstatement.

The penalties listed only relate to standard convictions and are the best case scenarios for conviction. There are other factors involved when determining penalties such as: under age drinking and driving, property damage, injury to someone else (felony) or death to someone else (manslaughter).

To learn more about the penalties for DWI/DUI, please visit the website of Hardesty, Tyde, Green and Ashton, P.A..