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Second DUI Tampa Attorney Penalties for a First DUI in Florida

First DUI Tampa Attorney

If you have been arrested for a first DUI offense then you should be aware of the potential penalties and punishments that attach if are convicted. It is important to remember that an arrest does not necessarily mean that you will be convicted of DUI. In fact, throughout Florida many DUI offenses are reduced to less serious charges such as reckless. In fact, the prosecutor is most likely to reduce the case prior to trial when the person accused has no prior record.

If you enter a plea to a charge of DUI in the Tampa Bay area of Florida, the court is required to impose certain statutory minimum punishments. First, the Court is required under Florida law to adjudicate you guilty of the offense. Once you are adjudicated guilty of the offense, then you will never be eligible to expunge or seal the DUI arrest record, or any other criminal record. Secondly, the court is required to impose certain punishments discussed below.

 

If you have been charged with a first DUI in Florida, we have created this website to provide you with information to make an informed decision about fighting the drunk driving charges. Understanding how the process works may give you the motivation to fight the charges. Many of these cases throughout the Tampa Bay area are reduced so that the driver can avoid a DUI conviction. Avoiding the DUI conviction can save you thousands of dollars over the next three to five years from both the direct consequences of the plea and the indirect consequences of the plea including a dramatic increase in your insurance premiums.

At the Sammis Law Firm our DUI Attorneys in Tampa, FL have a strategy to help you fight the first DUI case aimed at giving you the best possibility of avoiding a DUI conviction. It is our job to get you the best possible result and we take that responsibility seriously. For any first DUI in Tampa, Hillsborough County, FL (or the surrounding counties of Pinellas, Polk, Pasco. Hernando or Manatee County) call 813-250-0500 to speak with an experienced Tampa DUI Lawyer.

Punishments for a First DUI in Florida

Unless you avoid a DUI conviction, the Court must impose the following minimum mandatory punishments if you enter a plea of guilty or no contest to a first DUI in Tampa, Hillsborough County, FL:

  • Incarceration (Jail Time): For a first DUI, the court can impose a jail sentence of up to 6 (six) months in the Hillsborough County Jail. Certain circumstances result in an enhanced penalty that increases the statutory maximum amount of jail time to nine (9) months in jail for a first DUI if under the following circumstances: 
    • if the blood or breath alcohol reading (often called BAL or BAC) is 0.15 or higher; or
    • if a minor was in the vehicle
  • Period of Probation: Up to 12 (twelve) months of probation (but in no event may the total period of incarceration and probation exceed twelve months total);
  • Community Service Hours: Required minimum of 50 hours of community service (although the judge may permit the defendant to "buy out" any number of hours at a rate of $10 per hour);
  • Fine: Minimum fine of $500 but up to $1,000 (with a blood alcohol reading of .15 or higher or if a minor was in the vehicle, then the minimum fine is $1,000 but up to $2,000. For those individuals that are unable to pay the fines because of financial circumstances, the Court may allow the individual to perform community service hours for $10 credit per hour);
  • Period of Florida Driver's License Revocation: At least a six (6) month suspension with a maximum suspension of up to twelve (12) months;
  • Hardship Driving Permit: Business Purposes Only or Employment Purposes Only Reinstatement: After the driver has completed DUI school, he way apply for a possible hardship reinstatement for business purposes or employment purposes only;
  • immobilization or Impoundment of Vehicle: The Judge is required to impose a ten (10) days of vehicle immobilization requirement which cannot be served at the same time as the jail term. The court can grant exception if the impoundment presents a hardship to a family member that has no other means of transportation or if the vehicle is used only by an employee of the defendant or if the vehicle is owed by the defendant's business;
  • DUI School: The judge must impose a requirement that the driver complete either Level I DUI School (twelve (12) hour class or Level II DUI School that included a drug and alcohol abuse evaluation and completion of any any recommended follow up treatment; and
  • Ignition Interlock Device: The judge is not required to impose an ignition interlock device be installed unless the driver's blood alcohol reading was .15 or higher or a minor was in the vehicle in which case the court is required to impose this requirement for six (6) months.

If you are facing a first DUI in Florida, contact an experienced DUI lawyer to discuss your case. Call the Sammis Law Firm for a free consultation in the office or over the phone. Call 813-250-0500 today. Find out what you need to do today to protect yourself against this serious allegation.

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Information Center on Possible Penalties or Punishments for First DUI in Florida

Florida DUI Penalties under Florida Law - Find out more about the DUI penalties and consequences that attach to different types of DUI offenses depending on prior convictions or the harm allegedly caused, including the following offenses:

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Tampa Criminal Defense Attorney representing clients throughout central Florida, for felony or misdemeanor crimes including: Hillsborough County for Tampa or Plant City, Pinellas County for St. Petersburg or Clearwater, Pasco County for Dade City or New Port Richey, Manatee County for Bradenton, Sarasota County, Polk County for Bartow or Lakeland, and Hernando County for Brooksville.

Find out information about defending drunk driving charges throughout the Tampa Bay area including :

DUI in Hillsborough CountyDUI in Pasco County, DUI in Pinellas County, DUI in Polk County, DUI in Hernando County,  and DUI in Manatee County.

We represent clients arrested for misdemeanor or felony charges in the following areas of Tampa Bay including:  MacDill Air Force Base (AFB), University of Tampa, University of South Florida, Tampa International Airport (TIA), Raymond James Stadium, Brandon, Temple Terrace, Ybor City, Durant, Seffner, Riverview, Dover, Gulfport, Sun City Center, Gibsonton, Lithia, Apollo Beach, Wimauma, Odessa, Lutz, Mango, Ruskin, Sydney, Thonotosassa, Valrico or for drunk driving arrests in Florida, including: DUI in ClearwaterDUI in Bartow, DUI in Lakeland, DUI in Dade City, DUI in New Port Richey, DUI in Bradenton, or DUI in Brooksville

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