What To Know About A First-Time DUI Offense

A first-time DUI offense can be a shocking and worrying experience. For respected white collar professionals, the concern about their reputation and career can be overwhelming. Parents of teenagers and young adults will naturally worry about their children’s futures. While the courts treat first-time offenses seriously, they also recognize the difference between a first-time mistake and repeat offenses. There are options available to help keep lives on track, especially for younger individuals.

The attorney at Janet E. Johnson, P.A., has extensive experience in DUI defense. Known as a fighter in the courtroom and as a frequent guest on major media outlets, Janet can help clients avoid harsh and unjust penalties due to a DUI charge. She understands the stress and uncertainty you are facing and can help set your mind at ease by answering your legal questions and starting a vigorous defense.

Schedule a consultation as soon as possible to discuss your case.

General Information On First-Time DUI Offenses

First-time DUI offenses are evaluated based on several factors, including the evidence and witness testimonies. Even when the evidence seems overwhelming, there are often defenses available. Courts consider various factors before determining penalties. Here are the possible penalties for a first-time DUI offense in Florida:

Penalties For First-Time DUI Offenses

• Standard DUI (BAC between .08% and .15%)
  • Fines: $500-$1,000
  • Jail time: Up to six months
  • License suspension: 180 days
  • Ignition interlock: None
  • Other consequences: Community service and probation
• Aggravated DUI (over .15% BAC or minor present)
  • Fines: $1,000-$2,000
  • Jail time: Up to nine months
  • License suspension: One year
  • Ignition interlock: Six months
  • Other consequences: Community service and probation

Often, defendants with clean records avoid these possible penalties thanks to pretrial diversion programs.

What Are Pretrial Diversion Programs?

Pretrial Diversion DUI Tier I is a deferred prosecution program for selected misdemeanor DUI offenders. It is offered by the Office of the State Attorney and supervised by county officials. If the defendant completes the terms set out by the judge, their DUI charge will be dismissed.

The program typically involves the following:

• A monetary contribution of up to $500, possibly to the Florida Safety Council
• Attending a DUI School program
• Attending a Victim Impact Class
• Impoundment or immobilization of your vehicle for 10 days
• Paying investigative costs, such as the cost of the drug/alcohol testing done on you at the time of arrest
• Submitting to random urine testing

Here is an overview of how this program works:

To be eligible, you cannot be charged with a felony, and you must have no prior convictions or dismissals for DUI or similar charges on your record and no more than one misdemeanor conviction for a dissimilar offense. You cannot have gone through a pretrial diversion program before. You must get approval from the Office of the State Attorney and be a legal U.S. resident.

Additional costs for classes and evaluations are the responsibility of the participant. The Office of the State Attorney may impose further conditions, such as additional community service hours or advanced driver improvement classes.

Frequently Asked Questions About First-Time DUIs In Florida

The better you understand your circumstances when you are facing DUI charges, the easier it is to evaluate your options. Here are some answers to common questions:

What’s the difference between a DUI and reckless driving?

Reckless driving involves operating a vehicle negligently or dangerously, while a DUI involves operating a motor vehicle while impaired by drugs or alcohol. Reckless driving is considered a lesser offense, with fewer penalties. In some cases, a first-time DUI charge can be bargained down to what is called a “wet reckless” charge.

Do I have to take a field sobriety test?

No. Unlike chemical testing to determine your blood alcohol content (BAC) level, there is no mandatory requirement under Florida’s implied consent law for drivers to consent to field sobriety testing. Because “passing” or “failing” is largely based on the officer’s subjective opinion, there is generally no benefit for a driver to comply with a request to perform any field sobriety test.

How accurate are breath tests?

Different studies have indicated that breathalyzer tests can have error rates that range between 20% and 50%, so they are not nearly as accurate as many people believe.

Factors that can affect the accuracy of a breathalyzer test include the type of device used (since smaller, handheld devices used in the field are less reliable than larger, stationary machines), how recently and accurately the device was calibrated, interference from other electromagnetic devices such as cellular phones and computers, and the way the test was administered. In addition, a person’s weight, gender, medications, certain medical conditions and the time that’s elapsed since they last had a drink can all affect the accuracy of a reading.

Can I be arrested for a DUI on a golf cart or boat?

Yes. Florida’s laws define a vehicle as any device that can transport a person or property on a highway, even if that is not its intended use, and the law also specifically prohibits boating under the influence (BUI). That means you can be arrested for drunk driving on a golf cart, a boat, an ATV, a moped, an electric scooter, a traditional bicycle, an electric bicycle, a lawnmower and even a horse-drawn carriage.

Contact Janet E. Johnson, P.A.

If you or a loved one is facing a first-time DUI charge, it is crucial to act quickly. The sooner you contact Janet E. Johnson, the better she can assist you. Call 904-820-3455 or reach out online to get started.