When you have been arrested for a DUI charge, there are two kinds of consequences that you will face. They include criminal charges and administrative charges. All you need is an experienced and successful DUI lawyer in Miami for all hearings and proceedings after being arrested.
Criminal Penalties
Whether or not you are convicted of a misdemeanor or a felony will depend on any prior DUIs (in California or anywhere else in the U.S.), whether any property was damaged, if anyone was harmed or killed, and other factors. Generally, charges include fees, license revocation, jail time, drug abuse and alcohol education, community service, and/or the installation of an ignition interlock device.
Generally, however, the penalties are as follows:
First offense:
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Is typically considered a misdemeanor if no one was severely hurt, killed, or if no property damage was done
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Between $390 and $1,000 in fines, as well as “penalty assessments,” which can drive up the cost up by thousands more.
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2 days to 6 months of jail time
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6-month license suspension, with the potential to apply for a restricted license
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The installation of an ignition interlock device
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Probation up to 5 years
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Alcohol and drug education
There is a possibility that, because this is your first DUI, the judge will order probation instead of jail time. You will want to discuss this possibility with your attorney.
Second offense:
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Is typically considered a misdemeanor if no one was severely hurt, killed, or if no property damage was done
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Between $390 and $1,000 in fines, as well as “penalty assessments” that can cost thousands of dollars in total.
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4 days to 12 months in jail
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License suspension for up to 2 years with the potential to apply for a restricted license after one year
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The installation of an ignition interlock device for at least 12 months
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Three to five years of probation
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18-30 months of an approved alcohol education program
Your third and subsequent offenses will carry higher penalties. As a reminder, if you caused serious bodily harm to yourself or another, killed another person, or caused significant property damage, then you can face more serious charges.
Administrative Penalties
The Division of Motor Vehicles (DMV) license suspension hearing is separate from your criminal proceedings. The DMV does not have the power to send you to jail. Their focus is on your license and driving legality.
As mentioned before, license revocation is part of the many consequences you will face if convicted of a DUI charge. However, there is the potential to apply for a restricted license after serving a portion of your sentence. Also known as a “Cinderella” license, this allows you to drive during a set 12-hour period in the day to school, work and/or necessary medical treatments. Running errands or being active in sports or volunteer activities, even if noble, are prohibited while driving with a restricted license. Some attorneys do not include DMV hearings in their services, so this is something to ask about specifically.
When To Hire A Lawyer
Immediately after you are arrested you will want to speak to an attorney. Before your first hearing with the judge and prosecutor, you want to speak to professional legal counsel about your rights, and what the best options are for you after considering prior arrests. Hiring an attorney immediately, DUI Lawyer C. Robert Brooks increases your chances of facing lower fines and penalties.