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Driving Under the Influence

Leppard Law - Best DUI Attorney Orlando

DUI “Counterattack School” Class Information

1024 576 Joel Leppard

DUI “COUNTERATTACK SCHOOL” CLASS INFORMATION

All those convicted of a DUI must enroll and complete a DUI Counterattack course (also known as DUI School or DUI Counter attack school).  Many of my clients are curious about what the DUI class entails.  The following information is typed almost verbatim from a 3 page DUI Counterattack School Florida Safety Council handout.  I hope you find this helpful! -Attorney Joel Leppard

Page 1 – Evaluation/Class Assignment Receipt

In order to satisfactorily complete the DUI Program you must attend all scheduled class sessions, complete all homework, attend all evaluation appointments and pay all fees. You will not receive a certificate of completion until you meet all these requirements and must complete all requirements within 90 days.

If you are seen to be or test to be under the influence of alcohol or other drugs, or if you test at any level on an alcohol breath test or refuse to comply with a test, you will be asked to leave the class or evaluation. Per Florida Statute, you will be required to pay 100% of the enrollment fees and be required to begin the enrollment process again.

In order to avoid a penalty for failure to make your evaluation or class appointment, you must contact the program in person no less than five business days prior to the appointment. With good cause, this program will allow you to reschedule to up 48 hours after your appointment. If you are ill and under a doctor’s or dentist’s care. If there is a serious illness or death in your immediate family, or if you are involved in a natural disaster, you will be rescheduled without additional charge: however, you will need to bring documentation to verify your absence or conflicting court dates or jail.

DUI photo

Evaluation information (your date, time and evaluator will be listed here):

  1. If you fail to attend this appointment, you will be charged a penalty fee as required by Florida Statute. Late or absent fees in the 90 days after enrollment are $75 for the first occurrence and $153 for the second.       If you fail to return for your evaluation within 90 days of your first enrollment date, you will forfeit all fees and will have to begin the enrollment process again.
  2. If you are 5 minutes or more late for your appointment, you will not be seen and penalties for absence will be incurred.
  3. If checked, you MUST bring the following information to your evaluation appointment. Failure to have this documentation will be considered an absence and penalties, as outlined above, will apply (these have lines in front of them, not letters as the auto-format is putting below):
    1. Copy of breath/blood alcohol results, or documentation of refusal
    2. Proof of social Security and driver license numbers
    3. A copy of your probable cause/arrest affidavit
    4. A copy of your court order (if applicable)

Class information (your class dates and times, along with the room number will be listed here):

  1. All classes start on time. Once roll is taken, no one will be admitted to class.       If you miss a class because you are late, you have to reschedule and complete the entire class schedule with no credit for sessions attended.
  2. If you miss any class session, you will be required to begin the class again, from session one. You will not receive credit for classes attended.       You will be charged a reset fee unless you can document “good cause” as defined above. Reset fees are established by Statute and are:       Level 2 — $60 (1st); $120 (2nd); $238 (3rd) and Level 1 — $40 (1st); $75 (2nd); $153 (3rd).
  3. If you fail to attend class and do not reschedule your class within 90 days of your original ENROLLMENT date, you will forfeit all fees paid and begin the enrollment process again.       Notice of this failure is sent to DHSMV. If you refuse to comply with all class requirements or are disruptive in the class, you will be asked to leave and will forfeit all fees and be required to completely re-enroll.

(This ends the first page, where it shows when your 90th day is, your receipt number and the fee you have paid for the class. You are then required to sign and date the first page.)

Page 2 – DUI Program Rules and Regulations

General Information

All fees must be paid prior to receiving a class schedule.

Failure to provide accurate information may result in additional program requirements and additional fees. Please be honest.

You must be alcohol and drug free for all appointments, including registration.

Per Administrative Rule, a DUI Program may refuse to enroll any person who is unwilling to comply with the rules and procedures of the program or who is unwilling to make a full disclosure for purposes of an evaluation.

Evaluation Requirements

Florida Statutes require a substance abuse evaluation of anyone enrolled in a DUI Program. This evaluation will be accomplished in part by having you complete questions concerning your drinking and/or drug use habits, questions about your personal life, and questions about your DUI history. If you have any questions about these forms, you may speak with an enrollment officer.

The DUI Program is State certified to provide DUI education programs and complete DUI evaluations. All Evaluators, SSS Evaluators and Instructors are State certified and are under direct Clinical Supervision. After completing paperwork, you will be given an appointment with a State certified Evaluator who will complete various forms that relate to your responses.

A determination will be made if referral to a DCF licensed (or exempt by Statute) substance abuse treatment program will be required. There will be additional fees for this treatment as outlined in Florida Statutes.

90 Day Completion Requirement

Per Administrative Rule, any client who returns to the program more than ninety (90) days after the original enrollment to complete all or part of the program will have to re-enroll completely, including payment of all program fees. The following requirements must be completed within the 90 day period:

  1. Enrollment paperwork
  2. An evaluation with a State certified DUI evaluator
  3. An appropriate, mandated DUI education program.

If you fail to complete any part of these requirements within the 90 day time period, you will forfeit all fees and will not receive credit for any component completed.

Per Administrative Rule, anyone entering the DUI Program (voluntarily, court ordered or as a requirement of DHSMV) is required to complete the educational requirements and obtain an evaluation within 90 days of enrollment. If your DUI conviction is dropped or dismissed but your Administrative Suspension remains valid, you must still complete the DUI Program within 90 days. Failure to do so may result in a notice of cancellation to DHSMV and repayment of the full fee upon re-enrollment.

Class Completion Requirements

  1. Attendance at all classes, on time and in sequence.
  2. No alcohol or other drug use within 24 hours of class.
  3. Completion of all assignments.
  4. Payment of all fees.

If you receive a class schedule prior to completion of your evaluation, you will not receive a certificate of completion until you complete all components of the DUI Program.

Transfer to Other DUI Programs

You must attend a DUI Program in the county where you work, live or attend school. You may transfer your DUI requirements from or to this office to comply with this requirement. Failure to complete official transfer paperwork may complicate your completion of the DUI Program. The transfer fee is $25.

Orange County Florida Safety Council Location:

Florida Safety Council Driving Under Influence

Florida Safety Council
1505 E. Colonial Dr.
Orlando, FL32803

Page 3 – DUI Program Rules and Regulations continued…

Confidentiality Requirements

The confidentiality of alcohol and drug abuse records is maintained by this office in accordance with Federal Law 42 CFR (Part 2) as well as State requirements. This program may not say to any outside person that you attend this program or disclose any information which identifies you as an alcohol or drug client unless:

  1. The client consents in writing.
  2. The disclosure is allowed by Court order.
  3. Information regarding child abuse or neglect is obtained.
  4. The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.

Information concerning any alcohol or drug client may not be used to criminally investigate or prosecute that client. Violation of confidentiality is a crime.

Program Fees:

ALL Program fees are non-refundable. Complete Program fees, including reset fees, are posted in the enrollment area and appear below.

If you come to your evaluation appointment or to any scheduled class under the influence of alcohol or other drugs, or are uncooperative or disruptive and asked to leave evaluation or class, you will be required to pay ALL FEES AGAIN, per Florida Statute. In cases of documented financial need, a fee reduction or payment plan may be available.

Grievance Procedure

Any individual who wishes to file a grievance regarding services may do so in writing within 30 days of the date of service delivery. Correspondence should be directed to the Director of the DUI program at the address listed on this form. Client rights violations may be reported to DUI Programs Office.

Additional Information Required prior to your evaluation:

  1. A copy of your arrest ticket which indicated B.A.L.
  2. A copy of your probable cause/arrest affidavit.
  3. If applicable, a copy of your court order
  4. One form of ID.

Fees

Level One enrollment:

$233 (Includes $5 DRI fee) *Note: online registration adds a $7 fee for a total of $240.*

Level Two enrollment:

$363 (Includes $5 DRI fee)

Class Reassignment: Level One

$40      1st reassignment within 90 days of enrollment

$75      2nd reassignment within 90 days of enrollment

$153    3rd reassignment within 90 days of enrollment

$233    Any class reassignment more than 90 days after enrollment

Class Reassignment: Level Two

$60      1st reassignment within 90 days of enrollment

$120    2nd reassignment within 90 days of enrollment

$238    3rd reassignment within 90 days of enrollment

$363    Any class reassignment more than 90 days after enrollment

Evaluation Reassignment: Level One

$75      1st reassignment within 90 days of enrollment

$153    2nd reassignment within 90 days of enrollment

$233    Any evaluation reassignment more than 90 days after enrollment

Evaluation Reassignment: Level Two

$75      1st reassignment within 90 days of enrollment

$153    2nd reassignment within 90 days of enrollment

$363    Any evaluation reassignment more than 90 days after enrollment

 

Evaluation not associated with DUI Program enrollment $150

Transfer fee                                                                                       $25

Administrative refund fee                                                                  $25

Processing referral to different treatment agency fee                      $15

State assessment fee                                                                        $15

Duplicate certificate fee                                                                    $5

Per page copy fee                                                                              $.25

 

The driving record can be ordered at cost through the Florida Safety Council office ($19.95). Please call for driving record prices. The driving record must be under 30 days old and reflect lifetime record.

This is the end of page 3, which ends the rules and regulations, and you have to sign and date that you understand and received the rules.

If you’re curious about the costs of a DUI in Florida, please click here. 

If you have any questions about the charge of Driving Under the Influence, contact Leppard Law at 407-476-4111 with any questions about your DUI.

I just got arrested on a DUI – what’s next?

150 150 Joel Leppard

Driving under the influence (DUI) is defined as operating a motor vehicle while impaired with a blood alcohol content (BAC) of 0.08% or higher, a chemical substance, or a controlled substance after taking an alcohol test. Those under 21 years old can be charged with a DUI if their BAC is 0.02% or over and commercial drivers can be charged if their BAC is 0.04% or over. Over the years, there have been less DUI charges from smart policing because people are being more cautious about when they are driving and the police have focused more on preventing drink driving. However, this doesn’t mean it won’t happen to you.

After you are charged with a DUI, you may feel confused, upset and fearful. It is very important to consult with an experienced criminal defense attorney to help you receive the best possible outcome in your case. This is also heavily dependent on where you reside. For example, if you reside in Tampa, then you’ll need to choose a DUI attorney in tampa who can deal with your case while understanding the local State and City laws.

Things to consider after getting out of jail for DUI….

License Suspension

Keep in mind that in every DUI in Florida, there are two separate cases that flow from the same offense. In addition to criminal penalties and charges, you will also have a separate civil case filed against you with the Department of Highway Safety and Motor Vehicles.

You have 10 days from the date of arrest to do one of two things. First, you or your attorney can request an Administrative Hearing (formal or informal) in order to determine if the officer had probable cause to arrest you for a DUI. The second option is to forfeit your right to a review hearing in exchange for having a Business Purpose Only (BPO) license issued immediately. This option only applies if you have never had a prior DUI administrative suspension or DUI conviction. You must enroll in DUI School and show proof to DHSMV in order to obtain your BPO license. Failure to request either option within 10 days of your arrest will result in you losing your right to challenge the suspension.

What is an Arraignment on a DUI?

At an arraignment the judge court will inform you of the charges against you and give you the opportunity to plead guilty, no contest or not guilty. A guilty plea or no contest plea will place you at the mercy of the court and the judge find you guilty and will sentence you right then and there in the courtroom–the judge could even send you to jail. There is normally no advantage to entering a guilty or no contest plea at arraignment, especially if you haven’t spoken with an attorney yet to examine the possible weaknesses in the prosecutor’s case. If you miss your court date, hiring an attorney can be a crucial move. An attorney can get sometimes negotiate away a failure to appear and get a suspension of your license cleared. Furthermore, if you hire a DUI attorney, he can waive your appearance at your arraignment and Pre-Trial Conference court dates so that you do not have to attend if you do not want to.

Trying to resolve your case without an experienced DUI attorney is generally not a good idea. Before entering a plea, at a minimum, you and your attorney should review all of the police report, watch the roadside video (if available) as well as the video taken at the breath center to determine the strength of your case.

Is jail time mandatory if I am convicted of a DUI?

No. Not for the first conviction. However, for a second conviction within five (5) years of a prior conviction, a minimum imprisonment term of ten (10) days is required. For a third conviction within ten (10) years of a prior conviction, a minimum imprisonment term of thirty (30) days is required by law.

Can my charges be reduced?

Sometimes, a skilled DUI attorney can get a DUI “reduced” to the charge of reckless driving (alcohol related). This is not actually a reduction of charges; rather, it is an amendment. DUI in Florida carries with it a mandatory minimum penalty which requires an adjudication of guilt. If someone has been adjudicated guilty, it means they have been convicted. When someone enters a plea of no contest to reckless driving, Florida Law does not require the judge to adjudicate that person guilty; rather, the judge may withhold the adjudication which means that person has not been “convicted”. Moreover, unlike a DUI conviction, the disposition of a reckless driving charge usually does not increase ones insurance rates, does not carry a mandatory driver’s license revocation with it, and it can be sealed at a later date in many cases. A judge is not authorized to “reduce” a DUI charge to reckless driving. This can only be achieved through plea negotiations with the prosecutor. An experienced DUI attorney can use knowledge of the law, effective use of motions and artful plea negotiations to attain a “reckless driving” plea offer for his client.

DUI PENALTIES

Unlike the penalties for most other misdemeanors, the minimum statutory penalties for a DUI conviction in Florida can be very severe and involve various types of punishment, including, but not limited to any of the following:

MINIMUM AND MAXIMUM DUI PENALTIES IN FLORIDA

1x Conviction:

Minimum Penalty Maximum Penalty Comments
Jail None Six Months – Max. Nine months if .15 or above, or minor in vehicle- Max. Year if crash
Probation Early Termination One Year
Driver’s License Suspension Six Months One Year
Community Service Fifty Hours Discretionary
Impoundment Ten Days Thirty Days
Ignition Interlock None Six Months – Required if .15 or above, or minor n vehicle
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $500 $1,000 – $1,000-$2,000 if .15 or above, or minor in vehicle

2x Conviction within 5 Years of Previous DUI Conviction:

Minimum Penalty Maximum Penalty Comments
Jail Ten Days Nine Months – Max. Twelve months if .15 or above, or minor in vehicle
Probation Early Termination One Year
Driver’s License Suspension Five Years
Community Service None None
Impoundment Thirty Days
Ignition Interlock One Year – Two Years if .15 or above, or minor n vehicle
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $1,000 $2,000 – $2,000-$4,000 if .15 or above, or minor in vehicle

2x Conviction with Previous DUI Conviction Outside of 5 Years:

Minimum Penalty Maximum Penalty Comments
Jail None Nine Months – Max. Year if .15 or above, or minor in vehicle
Probation Early Termination One Year
Driver’s License Suspension Six Months One Year
Community Service None None
Impoundment Ten Days Thirty Days
Ignition Interlock Year – Two Years if .15 or above, or minor n vehicle
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $1,000 $2,000 – $2,000-$4,000 if .15 or above, or minor in vehicle

3x Conviction within 10 Years of Previous DUI Conviction:

Minimum Penalty Maximum Penalty Comments
Jail Thirty Days 5 years – If upgraded to felony then Max. Five Years Prison
Probation Early Termination 5 years – If upgraded to felony then Max. Five Years Five Years Probation
Driver’s License Suspension Ten Years – eligibility for hardship driver’s license after 2 years
Community Service None None
Impoundment Ninety Days
Ignition Interlock Two Years
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $2,000 $5,000 – $4,000-$5,000 if .15 or above, or minor in vehicle

3x Conviction with Previous DUI Conviction Outside of 10 Years:

Minimum Penalty Maximum Penalty Comments
Jail None Year
Probation Early Termination One Year
Driver’s License Suspension Six Months One Year
Community Service None None
Impoundment Ten Days Thirty Days
Ignition Interlock Two Years
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $2,000 $5,000 – $4,000-$5,000 if .15 or above, or minor in vehicle

4x Conviction of DUI or more:

Minimum Penalty Maximum Penalty Comments
Jail None Year – If upgraded to felony then Max. Five Years Prison
Probation Early Termination One Year – If upgraded to felony then Max. Five Years Five Years Probation
Driver’s License Suspension Lifetime Revocation
Community Service None None
Impoundment None None
Ignition Interlock None None
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $2,000 $5,000
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