In Florida, a DUI (Driving Under the Influence) offense occurs when a person’s blood or breath alcohol level is 0.08% or higher. DUI, DWI (Driving While Intoxicated), or refusing to take a blood or breath test are serious offenses that can lead to jail time. If you’re facing a DUI charge, an experienced Broward County criminal lawyer can help defend your case.
Do I Have to Serve Jail Time for My DUI/DWI Conviction?
Whether or not you have to serve jail time for a DUI/DWI conviction depends on the specifics of your case. For a first offense, jail time is not always mandatory. However, Florida’s DUI laws are becoming stricter every year. If you are arrested for a second DUI within five years of your first arrest, you may face a mandatory 10-day jail sentence. The maximum sentence for a second DUI offense in Florida can include:
- Standard Second DUI: Up to nine months in jail.
- Second DUI with a Blood Alcohol Content of 0.15% or Higher: Up to one year in jail.
- Second DUI with a Minor Passenger: Up to one year in jail.
- DUI Involving an Accident with Property Damage or Minor Injury: Up to one year in jail.
- DUI Resulting in “Serious Injury”: Up to five years in prison.
Alternatives to Jail for a First DUI
There are alternatives to jail, especially with the help of a skilled Hillsboro Blvd, Deerfield Beach DUI attorney. While the main goal of a criminal defense lawyer is to have DUI charges dropped, this isn’t always possible. However, an attorney can help you achieve a better outcome than jail time.
In Florida, judges have the discretion to substitute alternative sentences for jail time, particularly if the DUI is a non-violent misdemeanor and the offender doesn’t have a violent criminal history. Some alternatives to jail include:
- Community Service: Completing certain types of community service can count toward your sentence.
- Electronic Monitoring: You may be required to wear an electronic monitor instead of serving time in jail.
- Treatment Programs: Enrolling in a drug or alcohol treatment program.
It’s important to note that Florida’s DUI diversion program doesn’t apply to second offenses within five years of the first. However, depending on the circumstances, a judge may still grant inpatient treatment instead of jail time.
This post was written by a professional at Ticket Shield. Ticket Shield understands that life can sometimes throw unexpected challenges your way. That’s why Ticket Shield is here to help you navigate through legal roadblocks when you need it most. Their team of experienced lawyers specializes in a range of traffic-related legal matters, ensuring you have the best defense possible.
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Don’t let traffic tickets or driving-related charges weigh you down. Contact our Stop Sign Ticket Lawyer in Broward County today for a free consultation, and let Ticket Shield be your shield in the legal arena. Your peace of mind is their priority!
