Law Offices of Ronald E. Sholes, PA
   

For Serious Charges,
 
Call Serious Attorneys.
 
Call Us, We Fight!
 
 
 

Address:
 
4981 Atlantic Boulevard,
 
Jacksonville, FL 32207

   

Sholes and Quimby most often serve the cities of Orlando, Winter Park, Lake City, Daytona, Gainesville, Jacksonville, Saint Augustine, Fernandina, Flagler Beach, Ocala, Orange Park, Palatka, Titusville, Starke and Macclenny in Florida but will travel throughout the state depending on your DUI case.

Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.
Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

   

Penalties You Face if CONVICTED of DUI!

UNDERSTANDING DUI LAW

In the state of Florida, driving under the influence penalties are becoming increasingly severe. In addition, the penalties the Court imposes on persons convicted for even the first time does not compare to the impact of a DUI Conviction on that person’s life for years after the court case is over—insurance rates, employment, criminal record, education, licensing, and more. DUI is the only alcohol or drug related crime whereby the Court must adjudicate you GUILTY if you plea to it or are found guilty by a jury. Under Florida Law, not even the sale of crack cocaine requires an adjudication of Guilt by the Court!
 
DUI’s are typically charged as a misdemeanor. Under certain circumstances, a DUI is a felony and can be punished by a year or more in prison. Injury accidents and/or a prior record may lead to a felony DUI charge. The following DUI offenses are considered felonies under Florida Statutes:

  • Third DUI conviction with the last one within a ten-year period
  • Any fourth DUI conviction
  • DUI resulting in an accident with serious bodily injury
  • DUI manslaughter where an accident proves fatal  

Below is a list of the various court imposed penalties you face if convicted of DUI:

We want to BEAT your DUI Charge! It’s that simple! We will do everything possible to resolve
your case favorably, and without the need for trial. Call TODAY!

Driving Under the Influence
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S. 

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

DUI Penalties Schedule
Offense DUI    Jail:  Jail if BAC is greater than .20 or
minor in car
 
Fine:  Fine if BAC is greater than .20
or minor in
car: 
Probation  Auto Impound Ignition Inter-lock Device  License Suspen-sion:
First Offense DUI  0-6 months  0-9 months  $250 to $500  $500 to $1000  Up to 1 year, including DUI School, VIP, Psychosocial evaluation and 50 hours of public service One vehicle for 10 days   Not required, unless BAC is greater than .20  180 days to one year 

Second Offense DUI where Last Conviction is within Five Years 

10 day minimum, up to 9 months

10 day minimum, up to 12 months $500 to $1,000

$1,000 to $2,000

Up to 1 year, including DUI School, VIP, psychosocial evaluation and 50 hours of public service

All defendant's vehicles for at least 30days

At least 1 year (2 years if .20 BAC or higher)

Not less than 5 years

Second Offense DUI where Last Conviction is outside of Five Years 9 months 0-12 months $500 to $1,000 $1,000 to $2,000

Up to 1 year, including DUI School, VIP, psychosocial evaluation and 50 hours of public service

Vehicle for 10 days

At least 1 year (2 years if .20 BAC or higher) 

180 days to one year

Third Offense where Last Conviction is within Ten Years

30 days to 5 years (if charged as felony)

Minimum of 30 days (at least 48 hours must be consecutive) up to 12 months

$1,000 to $5,000

$2,000 to $5,000

Up to 5 years, including DUI School, VIP, psychosocial evaluation and 50 hours of public service All defendant's vehicles for at least 90 days
At least 2 years
Ten Years
Third Offense where last conviction is outside of Ten Years

0 to 12 months

0 to 12 months

$1,000 to $2,500 $2,000 to $5,000

Up to 1 year, including DUI School, VIP, psychosocial evaluation and 50 hours of public service 

All defendant's vehicles for at least 90 days

At least 2 years

180 days to one year

Fine Schedule s. 316.193(2)(a)-(b), F.S. 
First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
Third Conviction: More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Community Service - s. 316.193 (6)(a),F.S.
First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Probation - s. 316.193 (5)(6), F.S.
First conviction, total period of probation and incarceration may not exceed 1 year.

Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

First Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.
Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutues, as habitual/violent offender.

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