The Florida penalties for driving under the influence upon conviction are the same, regardless of the manner in which the offense is proven.If charged as a First Degree misdemeanor, the potential penalty is up to 364 days in jail and a fine of up to $4,000. If charged as a Third Degree felony, the potential penalty is up to 5 years in prison and a fine of up to $5,000.00.
License Penalties
A DUI arrest starts two cases. One is a criminal matter and one is civil relating to driving privileges. A DUI arrest typically triggers an automatic license suspension from six to eighteen months. If a driver’s license is otherwise valid, the police officer will issue a temporary permit to drive which is good for ten days.
Within those ten days, the driver can file for an administrative hearing regarding his suspension with the Florida Department of Highway Safety and Motor Vehicles. As part of the request for a hearing the driver may also request and receive a permit to drive legally for a defined period that typically covers the time frame until a decision about the suspension is made at the hearing.
If the driver is found guilty of the criminal charge of DUI, additional license suspensions or revocations may be imposed.
Criminal Matter
A DUI is a criminal charge, and the process after the arrest is the same as all other criminal charges. The arrest process is the same as any other criminal charge including fingerprints, mug shots and the creation of a criminal record.
Discovery
The State Attorney must provide to the defendant and his attorney the evidence that it has against the defendant. The state also has an obligation to provide any evidence it has that tends to negate the defendant’s guilt. This would include police reports, video tapes, hospital records, test results, status of testing equipment, and all other information in the state’s possession relating to the charges.
Mptions
This is a request by an attorney asking the judge to order that something be done. Some motions, if successful, such as Motion to Quash Arrest, Motion to Suppress Evidence, and Motion to Suppress Statement, can result in a case being dismissed.
Experienced lawyers monitor the case and the evidence to determine if there are important motions to be made that affect their client’s freedom. Motion issues generally arise from protections afforded by the US Constitution in the Fourth, Fifth and Sixth Amendments and applied to the states as a result of the Fourteenth Amendment.
Plea Agreement
This is when the State Attorney, Defense Attorney, and Defendant agree what penalty will be imposed if the Defendant pleads guilty. An experienced attorney knows what the usual penalties are for specific situations; in that way he can arrange for the best possible outcome for his client.
Trial
In the event that there is no agreement in return for a plea (or the case is not disposed of by way of a motion), then a trial is held, and the defendant maintains his plea of not guilty. At trial, the State Attorney presents evidence to either a judge or a jury. If the state does not prove the defendant guilty beyond a reasonable doubt, the defendant is found not guilty and the case is over.
If guilt is proved beyond a reasonable doubt, then the judge who presided at the trial will impose a penalty within the boundaries of the law.
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