DUI (Florida)

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Dan1584

Bluelighter
Joined
Dec 18, 2002
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So I just got my first (and LAST) DUI... I blew a 0.147. Anyway... This happened on Friday at around 3am... I know I have 10 days to contact the court and all of that jazz. Anyway... I need some personal experience from people in FL who have been through a DUI. I have done as much research as I can. I have not yet contacted a lawyer, but once Monday comes I'll be doing such. I'm just basically wondering in the end how much I may expect to pay for all this crap (excluding lawyer fee's) and what options I have.

help :/
 
Hey Dan,

Well it's tough, there are many lawyers in FL (and every other state) who specialize in DUI/DWI cases--many of whom advertise on the Internet--so it's hard to gauge their cost:effectiveness ratio at face value.

Perhaps there's someone you know who's been through what you're going through now, and had a good experience with a particular attorney/firm?
 
My friend got a DUI in Florida. It cost her about $5000.00 in lawyer fees. I don't know how good he was since I don't have anyone else to compare him to. She lost her license for a time and took the bus to work. I felt bad for her and often picked her up and took her home. I believe later she got a work license (we lost contact after a while).

She had the option of community service or paying a fee (buying out her community service) and I believe she chose just to do the work.
 
I am in florida also. My father got a DUI a few years ago after leaving his favorite watering hole. He refused the breathalyzer, they took him to jail. he was out in a few hours, as is normal with your first DUI, and a year later and 3000 dollars later, he had his license and a reckless driving charge.

i have no pity for drunk drivers, but if you do get pulled over after a few, don't do the test.
 
DarthMom said:
if you do get pulled over after a few, don't do the test.
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I would disagree with that there, although I'm from Scotland, it might be a lot different over here. I was in court 2 weeks ago for drink-driving (first offence) after crashing into a wall and driving off again. I was double the legal limit. If you refuse to breathlyse the polis will get really pissed off and over here they will charge you with "being unfit to drive" if they smell it on your breath, or you're driving erratically. You also get charged with refusing the test which is a worse offence than failing. I tried to be as nice as I could to the cops when I got tested...and they let me off with a leaving the scene of an accident charge...
 
i think the general rule is to not give police an evidence against you. i have been told that you should also refuse the field sobriety test along with the breathalyzer. then, once you are released from custody, you should go to the hospital and have a blood test done
 
I don't know if this is true elsewhere, but in Colorado when you get your license you have to agree to an implied consent or something or other. If you refulse the test then you automatically lose your license for one year(as opposed to 3 mo, possibly less). Generally you are better off taking the test, even if you know that you're going to fail
 
^would you rather not drive for a year or have a DUI on your record? i know which i would i would prefer. the implications from a DUI can last for quite awhile.
 
Provided that it is just a straight DUI (no bodily injury or property damage), the minimums are as follows:

$250 fine, 1 day probation (6 months is common), 6 month drivers license suspension, 10 day vehicle impoundment, 50 hours of community service, completion of a DUI course, and a substance abuse evaluation (along with an order to complete any recommended treatment).

The maximums are:

$1,000 fine, 1 year probation, 6 months in jail, 1 year license suspension, 10 day vehicle impoundment, and 6 months with an interlock device.

Along with the fine, the DUI course costs ~$220. While on probation, you can also expect to pay monthly supervision costs (here in Duval County, the cost is $60/month). You may or may not have to attend a victim's impact panel.

I just pulled a case off of our calendar that outlines a typical first-offense DUI:

Code: 
	3/17/2008	1	PLEA OF NOLO CONTENDERE
	3/17/2008	1	DEF. ADJUDGED GUILTY
	3/17/2008	1	JUDGMENT AND SENTENCE TO COUNTY JAIL FOR 1 DAY
	3/17/2008	1	CREDIT TIME: 1 DAY
	3/17/2008	1	PROBATION 12 MONTHS
	3/17/2008	1	50 HRS. COMMUNITY SERVICE AT 10 HRS PER MONTH-1ST 5 MONTHS
	3/17/2008	1	DUI SCHOOL-ENROLL W/N 2 WEEKS
	3/17/2008	1	PAY FINE WITHIN MONTHS-1ST 10 CONSEC MONTHS
	3/17/2008	1	VICTIM IMPACT PANEL-ENROLL W/N 2 WEEKS
	3/17/2008	1	10 DAY IMPOUNDMENT
	3/17/2008	1	EARLY TERM
	3/17/2008	1	DRIVER'S LICENSE SUSPENSION FOR 6 MONTHS
	3/17/2008	1	BASE FINE 250.00 IMPOSED
	3/17/2008	1	5% CVC 12.50 IMPOSED
	3/17/2008	1	LEEA 5.00 IMPOSED
	3/17/2008	1	EMS 135.00 IMPOSED
	3/17/2008	1	HRS 15.00 IMPOSED
	3/17/2008	1	CCT 50.00 IMPOSED
	3/17/2008	1	LGTF 50.00 IMPOSED
	3/17/2008	1	CHT 15.00 IMPOSED
	3/17/2008	1	SOCIF 50.00 IMPOSED
	3/17/2008	1	AACC 65.00 IMPOSED
	3/17/2008	1	CSTF 20.00 IMPOSED
	3/17/2008	1	DUI SCHOOL ORDERED

You will have to be convicted of DUI. You will not be allowed to have adjudication of guilt withheld, and you will not be allowed to plea to a lesser offense.

there are many lawyers in FL (and every other state) who specialize in DUI/DWI cases
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I'm not sure about every other state, but according to The Rules Regulating The Florida Bar [4-7.2(c)(6)], no attorney can claim to specialize in any area of practice without being board certified. DUI is not even an area where an attorney may become board certified.

If you have any further questions, feel free to drop me a line.
 
I might add that you may also take your case to trial. Such a decision would be best left between you and your attorney.
 
animal_cookie said:
^would you rather not drive for a year or have a DUI on your record? i know which i would i would prefer. the implications from a DUI can last for quite awhile.
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does refusing a test not count as a criminal offence in the USA?
 
^
yes. most, if not all, states have implied consent breathalyzer laws. this means that by driving a car in a state you have agreed to take a breathalyzer so long as their is reasonable suspicion to stop you (or you are stopped at a DUI checkpoint). however, there definitely are some situations in some states, DEPENDENT ON THE CIRCUMSTANCES, where it is better to refuse a breath test and face violation of the implied consent law rather than getting nabbed for DUI. but unless you are very familiar with your state's DUI law, it is almost always best to submit to police requests for a sobriety test.
 
It's not a criminal offense here in FL (unless it's a second refusal) , it's an administrative action (the suspension) taken by the DHSMV.
 
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ditto for ohio. nothing will go on your criminal record for refusing to blow. altho it may be different if you repeatedly refuse to submit to a breatalyzer.
 
Just looked it up, and in Colorado and many other states not only do you automatically lose your license for a year but it's also an admission of guilt(to the DUI). Most of the time you are much better off to blow, unless you know that you are extremely drunk(.18 and above I do believe) because the laws are much harsher. Also if you don't blow then you are not eligible for any sort of restricted license.
 
Just looked it up, and in Colorado and many other states not only do you automatically lose your license for a year but it's also an admission of guilt(to the DUI).
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To further clarify, an admission of guilt does not mean that someone will automatically be found guilty. It simply means that the refusal to submit to sobriety tests/chemical analysis can be introduced as evidence in a trial.

Most of the time you are much better off to blow, unless you know that you are extremely drunk(.18 and above I do believe)
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First of all, you shouldn't be telling anyone what they are "much better off" to do, as you are not qualified to give such advice. The consequences of a DUI conviction can last a lifetime. People have the right to not incriminate themselves. If someone is guilty of a crime, they are actually much better off not providing the police with any evidence that can be used to convict them.

Secondly, what leads you to believe that .18 is the magic number at which point a person should refuse to take the tests? Additionally, how do you propose someone determine this? A lot of people can't even form a complete sentence at .18, let alone calculate their BAC.

Also if you don't blow then you are not eligible for any sort of restricted license.
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You are making claims that are not true in all cases. Many states allow DMV hearings following administrative suspensions, to determine whether someone's license should remain suspended.
 
forgotten, I noticed a plea of nolo contendere entered in your calendar example above.

Care to speculate why this plea was entered in this particular case? Are there any potential benefits to entering this plea as opposed to "guilty"?
 
It offers some protection if someone decided to bring a civil suit against the defendant.
 
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