Criminal Defense

Because drunk driving is so dangerous, the penalties for a DUI (driving under the influence) and DWI (driving while impaired) conviction or underage drinking are quite harsh in Florida. Our state is serious about curbing injuries and deaths from alcohol and drug-related crashes. If you’ve been arrested, you need a DUI lawyer Gainesville, FL trusts to help you navigate the process.

Gainesville DUI Attorneys

At Avera & Smith, our Gainesville DUI lawyers have defended hundreds of clients against DUI/DWI, underage drinking and similar charges. We pride ourselves on having significant criminal jury trial experience as well as an extensive knowledge of the law, trial preparation and technique. Our attorneys are ready to protect your rights and provide you with the highest caliber of criminal defense necessary. So, if you’re looking for the best DUI lawyer in Gainesville, FL, call us for a free consultation.

Prosecuting a Drunk Driving Case in Florida

Under Florida law, a DUI or DWI can be prosecuted by either of two different methods:

• Proving impairment of normal faculties
• Proving a blood alcohol or breath alcohol level (BAC) of .08 or above

You may be surprised to know that there is no “legal limit” for driving with alcohol in your system. The state of Florida can actually prosecute you for DUI even if your BAC is under .08 or if you refuse to provide a breath or blood sample. All the state has to do is prove that your normal mental faculties were impaired.

License Suspension & Your Rights

If you refuse to provide a breath sample upon the request of law enforcement and your license is suspended, you have only 10 days from your arrest date to challenge the administrative suspension.

Additionally, law enforcement is obligated to follow certain rules in DUI traffic stops and arrests. Our law firm can fully investigate and determine if those rules were followed in your case. If they were not, our DUI attorneys may be able to get the charges against you reduced or dismissed.

DUI Penalties

DUI penalties are fairly straightforward. However, if you are facing a second conviction or more, the State Attorney and the judge have more flexibility with determining your fines, suspension time and jail time. 

Fines for DUI (Not Including Court Costs, Probation Costs or Other Administrative Costs)

• First Conviction: Between $250 and $500. Except if your BAL was .20 or higher, or if you had a minor in the vehicle, then your fine will be between $500 and $1,000.
• Second Conviction: Between $500 and $1,000. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be between $1,000 and $2,000.
• Third Conviction (If it has been more than 10 years since your last DUI): Between $1,000 and $2,500. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be at least $2,000.
• Third Conviction (Within 10 years of your last DUI is a third degree felony): Not more than $5,000. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be at least $2,000.
• Fourth or Subsequent Conviction: Not less than $1,000. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be at least $2,000.

Ignition Interlock Device

• Second Conviction: You will have to pay to have a device installed in your vehicle for one year, which will require you to periodically provide a breath sample in order to start and operate your car.
• Third Conviction: The device will be required for two years.

Community Service

• First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required. The court has flexibility on the assigned community service beyond the first conviction.

Probation

• First Conviction: Total period of probation and incarceration may not exceed one year. You will have a probation officer, random drug/alcohol screens, probation costs and any other probation requirements the court determines are appropriate. Participation in an alcohol treatment program is a common condition of probation ordered by the court.

Jail Time

• First Conviction: Not more than six months. With BAL of .20 or higher or minor in the vehicle, not more than nine months.
• Second Conviction: Not more than nine months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If the second conviction is within five years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
• Third Conviction: If the third conviction is within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If the third conviction is more than 10 years, imprisonment for not more than 12 months.
• Fourth or Subsequent Conviction: Not more than five years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.

Vehicle Impoundment

Regardless of who owns the vehicle involved in the DUI, the vehicle has to be impounded, unless the family of the owner of the vehicle has no other transportation. First conviction = 10 days; second conviction within five years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration.

DUI Crashes

Any person who causes property damage or personal injury (not serious) to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or one–year imprisonment, plus potential restitution to the victim(s).

Felony DUI (Repeat Offenders or Accidents Involving Serious Bodily Injury)

• Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or five years’ imprisonment).
• Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or five years’ imprisonment) or if habitual/violent felony offender as provided in s.775.084, Florida Statutes.

DUI Manslaughter & Vehicular Homicides

• DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
• DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known an accident occurred, and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years’ imprisonment).
• Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years’ imprisonment).
• Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years’ imprisonment).

Driver’s License Revocation

1. First Conviction: Minimum 180 days revocation, maximum one year.
2. Second Conviction Within Five Years: Minimum five-year revocation. May be eligible for hardship reinstatement after one year. Other 2nd offenders are the same as “A” above.
3. Third Conviction Within 10 Years: Minimum 10-year revocation. May be eligible for hardship reinstatement after two years. Other third offenders are the same as “A” above; one conviction more than 10 years prior and one within five years, same as “B” above.
4. Fourth Conviction (Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
5. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after five years.
6. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum three-year revocation. DUI Serious Bodily Injury having prior DUI conviction is the same as “B–D” above.

DUI School

• First Conviction: Must complete DUI school before hardship reinstatement.
• Second Conviction in Five Years (Five–Year Revocation) or Third Conviction in 10 Years (10–Year Revocation): Must complete DUI school following conviction.
• Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school if ordered by the court.
• Treatment: Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.