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Florida DUI Defender


Florida DUI Defender

DUI, driving under the influence, DWI, driving while intoxicated, law, lawyer, attorney, defense, driving, influence, drunk, intoxicated, Florida, Pembroke Pines, Davie, Plantation, Fort Lauderdale, Weston, Hollywood, Hallandale, Miami, Boca Raton, Broward, Palm Beach, Dade

David B. Pakula, P.A.
Attorney At Law

1806 N. Flamingo Road, Suite 410
Pembroke Pines, Florida 33028
(954) 217-5123
dpakula@infionline.net

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Florida DUI Lawyer

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Florida DUI Lawyer

DUI Penalties

The penalties for DUI in Florida are among the toughest in the nation.  If you plead to a DUI, the judge is required by law to enter a conviction of guilt and may not withhold adjudication.  Florida DUI laws include many mandatory minimum sentencing provisions, and a sentencing scheme that increases dramatically with each additional conviction or aggravating factor.  Under Florida law, DUI is proven by impairment of normal faculties or blood alcohol of .08 or higher.

First DUI

A first offense DUI is punishable as follows:

Fine of $250-$500 (double if blood alcohol .15 or higher, or person 18 or under in vehicle)
Driver's license revocation of six months to o­ne year
Imprisonment of not more than six months (nine months if blood alcohol .15 or higher, or person 18 or younger in vehicle)
Ten day vehicle impoundment or immobilization
Mandatory reporting probation not to exceed o­ne year
Mandatory conditions of probation include attendance at an approved alcohol safety education class with a substance abuse evaluation and any treatment recommended, and mandatory minimum 50 hours of community service or additional fine of $10 for each hour of community service

Second DUI

If the date of offense is more than five years of the prior conviction (an out-of-state conviction counts as a prior), the penalties are as follows:
Fine of $500-$1000 (double if blood alcohol .15 or higher, or person 18 or younger in vehicle)
Driver’s license revocation of six months to o­ne year
Imprisonment of not more than nine months (12 months if blood alcohol .15 or higher, or person 18 or younger in vehicle)
Thirty-day vehicle impoundment or immobilization
Mandatory reporting probation with the same conditions as a first DUI

If the date of the offense is within five years of the prior conviction, the following apply:

Mandatory minimum ten-day jail term (at least 48 hours must be consecutive)
Five-year driver's license revocation (may be eligible for hardship reinstatement after o­ne year)
Ninety-day vehicle impoundment or immobilization

Third DUI

If the date of offense is more than ten years of a prior conviction, the penalties are as follows:

Fines of $1,000-$2,500 (minimum $2,000 if blood alcohol .15 or higher, or person 18 or younger in vehicle)
Driver's license revocation of six months to o­ne year
Imprisonment of not more than o­ne year
Ninety-day vehicle impoundment or immobilization
Mandatory reporting probation with the same conditions as first or second DUI

If the date of the offense is within 10 years of a prior conviction, the person can be prosecuted for felony DUI, a third-degree felony which carries a maximum of five years in state prison, mandatory minimum 30-day jail term (at least 48 hours consecutive), a fine of $1,000 to $5,000 (minimum $2,000 if blood alcohol .15 or higher, or person 18 or younger in vehicle), a ten-year driver’s  license revocation (may be eligible for hardship reinstatement after two years)

If o­ne prior conviction is within five years and another is more than 10 years prior, five-year revocation of driver’s license (hardship eligibility after o­ne year)

Fourth or Subsequent DUI

If a person has three prior convictions for DUI, the person may be prosecuted for Felony DUI, a third degree felony which carries a maximum of five years in state prison (or as provided in s. 775.084, Fla. Stat., if a habitual/violent offender), a fine of $1,000 to $5,000 (minimum $2,000 if blood alcohol .15 or higher, or person 18 or younger in vehicle) and a mandatory permanent driver's license revocation (no hardship reinstatement)

DUI Causing Serious Injury or Death

If a person is DUI and causes or contributes to the cause of a crash involving serious injury, the person is subject to being charged with a DUI - Serious Injury, a third degree felony, carrying a maximum of five years in state prison (or as provided in s. 775.084, Fla. Stat., if a habitual/violent offender), a fine of $1,000 to $5,000, and a mandatory minimum three year driver's license revocation

If the person is DUI and causes or contributes to the cause of a crash involving death, the person is subject to being charged with DUI-Manslaughter, a second degree felony, carrying a maximum of 15 years state prison, maximum fine $10,000, and a mandatory permanent revocation of the driver's license (if no prior DUI related convictions, may be eligible for hardship reinstatement after five years)

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Florida DUI Defender



David B. Pakula, P.A.
Attorney At Law

1806 N. Flamingo Road, Suite 410
Pembroke Pines, Florida 33028
(954) 217-5123
dpakula@infionline.net
http://FloridaDUIDefender.com

Lawyer Serving Fort Lauderdale, Weston, Aventura, Pembroke Pines, Plantation, Hollywood, Hallandale, Aventura, Miami, Boca Raton, Delray Beach, Boynton Beach, Palm Beach, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1987.

Mr. Pakula is board certified by The Florida Bar in appellate practice and has handled trial and appellate litigation in state and federal courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell. Mr. Pakula is a member of the U.S. District Courts for the Southern and Northern Districts of Florida, the U.S. Courts of Appeals for the 7th Circuit, the 11th Circuit and the D.C. Circuit, and The United States Supreme Court.

Nothing in this web site should be construed as legal advice to you and does not establish an attorney client relationship between us. You should not rely upon any information contained herein without separate independent legal research and advice. Our law firm is under no obligation to respond to correspondence, including, without limitation, email, until a written retainer agreement is executed. Nothing contained herein should be construed as an endorsement of any and all products or services contained herein or accessible herethrough.

By using this web site you agree to abide by our Terms of Use and Privacy Policy.

Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. David B. Pakula, Esq., President of David B. Pakula, P.A., a Florida Professional Association, 1806 N. Flamingo Road, Suite 410, Pembroke Pines, Florida 33028, Phone: (954) 217-5123, Email: dpakula@infionline.net.

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