In Florida, DUI charges are determined based on several factors: (1) your blood alcohol level; (2) whether anyone was injured or killed; (3) whether there was any property damage; (4) and how many, if any, prior DUI convictions are on your record, and how far apart the convictions are. This is only relevant for the Florida area though so make sure you contact your local lawyer if you live elsewhere (if you’re in Arizona, the best DUI lawyer is Udall Shumway).
Based on these factors, the other types of DUI charges are:
If you have had a prior DUI conviction and you receive another DUI conviction within five (5) years after the first, Florida law imposes harsher penalties. With a second conviction, there is a mandatory minimum of 10 days jail time, with a maximum of 9 months. Fortunately, if the second conviction does not occur within five (5) years of the first conviction, there is no mandatory jail time.
Third DUI or More
A third DUI could land you in some serious trouble. If you are convicted of DUI three times within a five year period, you may be labeled a Habitual Traffic Offender (HTO), which means your license will be suspended for 5 years.
If you were driving under the influence and another person dies as a result, then you may be charged with DUI Manslaughter. This is a second degree felony, punishable by up to 15 years in prison and a $10,000 fine. In addition, there is a 4 year mandatory minimum prison sentence.
DUI with Property Damage or Injury of Another Person
It is a misdemeanor to drive under the influence and cause damage to property or another person.
An individual may be charged with an aggravated DUI if the charge is especially serious. This can be considered a felony if: (a) You are found to have an extremely high BAC; (b) You are found to be driving with a BAC of 0.08 or more and a minor child is in the vehicle; (c) Serious injury or death occurs; or (d) You are found to be driving under the influence without a valid driverâ€™s license.
If you’re in New Jersey and require legal defense for a DUI case, you may want to visit Law Offices of Jonathan F. Marshall.