First DUI Offense as a College Student: What You Should Know
College students spend most of their time going to classes and studying. Some may also work part-time in order to help with the expenses of higher education. But while the majority of students focus on school, many also partake in activities that help relieve the stress of college life. This includes hanging out with friends or going to parties. These activities can sometimes lead students to make the poor decision to drink and drive. Driving under the influence is one of the most dangerous causes of accidents in Florida. The first DUI charge, especially as a college student, can leave you wondering what to do next.
What are the next steps in the event of the first DUI as a student?
First, and most importantly, contact a qualified criminal defense attorney immediately. One of the consequences of an arrest for your first DUI requires you to act within ten days of your arrest to protect your ability to drive. Most criminal defense attorneys will meet with you for a free consultation to go over your case and explain your rights and options. The following is information that will hopefully convince you to at least talk with a criminal defense attorney who is willing to explain the process in detail and answer your questions. Just because an officer stopped your car and believed you were driving under the influence and arrested you, does not mean you are guilty or that you will be convicted or suspended from school.
Being a student can add to the issues you have to address because the school administration may get involved.
How is the first DUI different as a student?
If your school gets involved it is likely you will have to address the first DUI with the administration before the criminal DUI case is resolved. You will only have to address it if the school finds out about the arrest and contacts you, usually by way of an email on your school account.
It’s more probable The University of Florida will contact you than Santa Fe College. If you are a student from a campus outside of Gainesville it is less likely you will be contacted by your school. The only sure way for a school to find out is if you are arrested by the school’s police agency because they are required to notify the administration.
What happens if your school finds out?
If you are contacted by your school, the process starts with a letter requiring you to contact the administration to set up an informational meeting. Do not ignore that letter as you will not be able to register for classes or graduate until you address the allegations with the administration.
The school will inform you of your rights and the procedures that will be followed at that informational meeting. Most schools will not allow you to have a criminal defense attorney, but will allow an “advisor,” which can be an attorney, but who is usually not allowed to speak on your behalf. The administration will provide several options available to you from admitting some level of wrongdoing up to a formal hearing with students and faculty as your judge and jurors. Once again, it is critical to meet with a criminal defense attorney so you can understand your options and help you decide what choice is best for you and, if needed, prepare you for the hearing, as your “advisor” will not be able to argue the case for you.
Unless someone was injured in the accident, the good news is, most schools will only place you on probation and will not suspend or expel you for a first DUI allegation. Addressing the allegation of driving under the influence with your school is important. However, it is not nearly as critical as dealing with the criminal allegation and possible legal consequences imposed by the criminal justice system.
What are the penalties of a first DUI?
In Florida, even for a first DUI with no accident or injuries, there are mandatory minimum penalties if you plea or are convicted. This requires a judge to sentence you to complete a multitude of tasks and if you don’t complete all of them you could end up in jail for up to six months.
The following is a list of the mandatory minimum penalties for a first DUI conviction with no accident or injuries:
1) A conviction is required.
If you plea or are convicted at trial of driving under the influence, the judge is required to adjudicate you guilty of the crime of DUI. This means you will have that conviction on your criminal record for life and on your driving record for 75 years! Many other crimes, including some felonies, allow the court the discretion to withhold adjudication. In that case, it is not counted as a conviction in Florida. This can allow you to get your record sealed and eventually expunged, but not DUI.
2) Supervised Probation for one year.
In addition to the mandatory conviction, you will be placed on one year of supervised probation. Depending on what county you are placed on probation in you will have to meet with your probation officer at least one time per month and are subject to random drug and alcohol screens. You will also have to pay your probation officer between $20 and $50 a month to “supervise” you. In some counties, like Marion County, you are required to call in every day to see if you have to provide a urine sample. If you miss a day or test positive a warrant will be issued for your arrest and you will go to jail for up to six months.
3) Fines and court costs.
You will be required to pay fines and court costs. With a first DUI, there is a minimum fine of $500; with the addition of court costs and fees it adds up to $1,000. If you provide a breath sample over .150 you will have to pay a minimum fine of $1,000 plus costs and fees.
4) Community service hours.
The judge will also require you to complete a minimum of 50 hours of community service, and a “victim impact panel” that you have to attend, in person, for at least two hours.
5) DUI school.
You must complete a Level I DUI School. This cost $270 and you will have to enroll in person. The class is 12 hours. It is usually split up over a weekend and also requires a one-hour substance abuse evaluation. The substance abuse evaluator can order you to complete substance abuse classes. If you don’t complete those classes, your driver’s license will be suspended until you do. Failure to complete the classes will also violate your probation, which could result in up to six months in jail.
6) License suspension.
The judge must also suspend your driver’s license for six months or up to one year. Once you have completed DUI School you will be eligible to get a hardship license to drive for work purposes only. To get a hardship license you have to participate in a hearing at a state office specializing in driver’s license issues and they will charge you around $200 to grant you a hardship license.
7) Ignition interlock device.
The judge can order it and if you blow over .150 you must have an ignition interlock device installed in your car for six months. You have to blow in the device every time you start your car and occasionally while driving to keep it running.
8) Insurance.
Upon a conviction, for a first DUI, the DHSMV (the state agency that gives you a driver’s license) will require you to carry a minimum Bodily Injury Liability of $100,000 per person/$300,000 per incident coverage and $50,000 in property damage for three years after the date of conviction. This will cost thousands of dollars per year. Your insurance company will produce the proper form, called an FR-44, that shows proof of coverage.
In many cases, there are options that may be available to avoid a first DUI conviction. A diversion program can result in the first DUI charge being reduced. This enables you to avoid a conviction on your record. Additionally, issues in your case can result in a dismissal, a plea to a lesser charge or an acquittal at trial. This is why it is critical to meet with an experienced criminal defense attorney immediately.
In addition to all of the possible criminal penalties, there is also the pending administrative suspension of your driver’s license for either providing a breath sample over .08 or for allegedly refusing to provide a breath or urine sample.
Administrative suspension of a license is completely separate from a criminal allegation of DUI.
If you provide a sample over the legal limit of .08, your license will be suspended for six months, or in the case of an alleged refusal, one year. However, you have options to either convert your license to a hardship license for six months or one year or request a formal hearing to address the suspension. A hardship or work permit allows you to drive to and from work, school, church, medical visits and allows driving for any other reason necessary to support your livelihood. A formal hearing is only in front of a FLHSMV (Florida Highway Safety and Motor Vehicles) employee and there is no judge or jury.
If you do not make an election within ten days of your arrest with the FLHSMV, you will give up your right to contest the suspension or immediately get a work permit and will be without a license, of any kind, for 30 days on a sample over .08 and 90 days on a refusal.
As a college student, you could very well have three separate and distinct processes occurring at nearly the same time following a first DUI arrest. At the very least, you will have the administrative suspension of your driver’s license and the criminal charge of driving under the influence. Should you wish to discuss all of these potential issues and the facts of your case, please feel free to call the attorneys at Avera & Smith. A free consultation with an experienced criminal defense attorney will help answer all of your questions and allow you to make informed choices.