DUI

Jessica J. Travis has handled all levels of DUI’s and DUI manslaughter and is familiar with the defenses.

Defenses to DUI:

Defenses to DUI include:

  • Driver was not in physical control of vehicle (not driving).
  • Improper administration of field sobriety tests.
  • Signs do not demonstrate that normal faculties were impaired.
  • Signs of impairment also point to innocent or other explanation (physical mobility issues, etc).
  • Officer bias.
  • Illegal police stop.
  • Failure or irregular implied consent warnings.
  • Improper or illegal request of blood, breath or urine sample.
  • Improper testing of blood, breath or urine sample.
  • Intoxilyzer machine malfunction.

Elements of DUI, Florida Statutes, Section 316.193:

  • Defendant drove or was in actual physical control of a vehicle
  • Defendant was under the influence of:
    • Alcohol
    • Controlled substances
    • Prescription medications
    • Chemical substance
  • And either:
    • Defendant was under the influence to the extend her normal faculties were impaired OR
    • Defendant submitted a breath or blood test showing an alcohol level (BAC) of .08 or higher.

Penalties for DUI:

DUI penalties depends on a few factors:

  • How many times the driver has been arrested for DUI in the past.
  • Whether a person injured or property damages
  • The BAC level of the breath/ blood or urine test.

Florida Statutes, Section 316.193 sets forth the penalties:

1st DUI – Misdemeanor:

  • BAC below .15/ no injury or damage: Up to 6 months jail; $500 to $1,000 fine.
  • BAC over .15 or minor in vehicle: Up to 9 months jail; $1000 to 2000 fine.
  • Injury or property damage: Up to 12 months jail; Up to $1,000 fine.
  • Serious bodily injury (3rd degree felony): Up to 5 years in prison.
  • Death (2nd degree felony): Up to 15 years in prison.
  • Death + failure to give info & render aid (1st degree felony): Up to 30 years in prison.

Additionally, a 1st DUI will result in:

  • Driver’s license suspension – 6 months to a year.
  • Vehicle impoundment – Mandatory 10 days.
  • Ignition interlock:
    • 1st DUI: 0 to 6 months.
    • 1st DUI with BAC over .15 or minor in vehicle: Mandatory 6 months.
  • Probation – up to 1 year.
  • Community Service – 50 hours or more.
  • DUI school
  • Substance abuse evaluation and completion of recommended treatment.

2nd DUI – Misdemeanor:

  • 2nd DUI outside 5 years from 1st/ BAC below .15: Up to 9 months jail; $1000 to $2000 fine.
  • 2nd DUI outside of 5 years from 1st/ BAC over .15 or minor in vehicle: Up to 12 months jail; $2,000 to $4,000 fine.
  • 2nd DUI within 5 years from 1st/ BAC below .15: Mandatory 10 days jail; Up to 9 months jail; $1,000 to $2000 fine.
  • 2nd DUI within 5 years/ BAC over .15 or minor in vehicle: Mandatory 10 days jail; Up to 12 months jail; $2,000 to $4,000 fine; 2 years ignition interlock.

Additionally, a 2nd DUI will result in:

  • Driver’s license suspension:
    • 2nd DUI outside 5 years from 1st: 6 months to a year.
    • 2nd DUI inside 5 years from 1st: 5 years but eligible for hardship license after 1 year.
  • Vehicle impoundment:
    • 2nd DUI outside 5 years from 1st: 10 days.
    • 2nd DUI inside 5 years from 1st: 30 days.
  • Ignition interlock:
    • 2nd DUI outside 5 years from 1st: 1 year.
    • 2nd DUI with BAC over .15: Mandatory 2 years.
    • 2nd DUI inside 5 years from 1st: 2 years
  • Probation – 6 months to 1 year.
  • Community Service – 50 hours or more.
  • DUI school
  • Substance abuse evaluation and completion of recommended treatment.

3rd DUI – Misdemeanor or Felony, depending:

  • 3rd DUI more than 10 years from 2nd (misdemeanor): Up to 12 months jail; Fine $2000 to $5000.
  • 3rd DUI more than 10 years from 2nd AND BAC over .15 (misdemeanor): Up to 12 months jail; Fine $4000 or more.
  • 3rd DUI within 10 years from 1st (felony): Mandatory 30 days jail; Up to 5 years prison; Fine up to $5000.
  • 3rd DUI within 10 years from 1st AND BAC over .15 (felony): Mandatory 30 days jail;

Additionally, a 3rd DUI will result in:

  • Driver’s license suspension:
    • 3rd DUI more than 10 years from 2nd: 10 years; Eligible for hardship license after 2 years.
    • 3rd DUI within 10 years from 2nd: Mandatory revocation. Not eligible for hardship.
  • Vehicle impoundment:
    • 3rd DUI more than 10 years from 2nd:
    • 3rd DUI within 10 years from 2nd:
  • Ignition interlock:
    • 3rd DUI more than 10 years from 2nd: Mandatory 2 years.
    • 3rd DUI within 10 years from 2nd: Mandatory 2 years.
  • Probation – Up to 5 years.
  • Community Service – 50 hours or more.
  • DUI school
  • Substance abuse evaluation and completion of recommended treatment.

4th or more DUI – Felony:

  • Up to 5 years in prison/ probation; Fine $2000 to $5000; Mandatory driver’s license revocation.

For more information, see the Florida Drivers’ Handbook: http://www.dmvflorida.org/florida-driver-handbook-2017.pdf

Jessica J. Travis has successfully defended and negotiated DUI cases. Call The Travis Law Firm, PLLC for a free consultation on Brevard County, Florida DUI charges: 321-728-7280.

Note: Florida laws are constantly changing. Please contact a Florida criminal defense attorney to make sure you have the most up-to-date information about the crime, penalties and defenses that you are researching. The information on this page is for informational purposes only and should not be relied upon in making important decisions.