What Factors Can Influence Florida Criminal DUI Sentencing?
Being charged with a crime or a DUI is often an unpleasant wake-up call. A DUI may be your first-ever criminal charge. You may wonder whether you must face the consequences of a full misdemeanor DUI charge or whether there is any wiggle room for a lesser sentence.
In Florida, there are minimum sentencing requirements for all DUI charges. But you and a Florida criminal defense DUI lawyer can explore the possibility of reducing your charge to “reckless driving,” which comes with a lesser sentence.
What Is the Minimum Sentence for a Florida DUI Charge?
There are two types of DUI charges in Florida: misdemeanors and felonies.
If this is your first DUI, it will probably land you with a misdemeanor charge rather than a felony charge. The only exception is if your DUI led to an accident with serious injuries or death.
A misdemeanor DUI has the following minimum sentencing requirements in Florida:
- A $500 fine (increased to $1,000 if your BAC was greater than 0.15 or there was a minor in your vehicle)
- A six-month driver’s license suspension
- Six months of probation
Your Florida criminal defense DUI lawyer can explain whether you may face other penalties, such as mandated community service or participation in a DUI Counterattack school program.
If this is your second DUI within five years, you’ll face the following minimum sentence:
- A $1,000 fine (increased to $2,000 if your BAC was greater than 0.15 or there was a minor in your vehicle)
- A five-year license suspension
- One year of probation
- Ten days in jail
If it is your second DUI outside of five years, your minimum sentence will include the following:
- A $1,000 fine (increased to $2,000 if your BAC was greater than 0.15 or there was a minor in your vehicle)
- One year of probation
- A six-month license suspension
If you receive third or fourth DUI sentences, the penalties increase.
Factors Considered in Determining a Criminal DUI Sentence
While the above penalties represent the minimum sentencing requirements for DUIs, a DUI attorney can help you understand whether additional penalties may apply to your charge. The judge will consider several factors when determining your sentence, such as:
- Your criminal history
- Whether the DUI led to an accident
- Whether you show remorse for your actions
- Whether you have agreed to a plea bargain
- The judge’s understanding of what will deter you from future DUIs
Reducing Your Charge to Reckless Driving
There may be a possibility of reducing your DUI charge to a reckless driving charge. This may be a possibility if any of the following are true:
- Your blood alcohol was barely over the legal limit
- The chemical testing was inconclusive
- Your driving was not impaired
- The prosecution does not have sufficient evidence that you were driving under the influence
- This is your first DUI charge
- The prosecution offers to reduce your charge through a plea deal
If you and your Florida DUI defense successfully reduce your charge, your penalty could be as low as a $25 fine.
Seek Assistance From an Experienced DUI Lawyer in Florida
Navigating your DUI charge carefully could leave you with the minimum sentence for a DUI misdemeanor or even reduce your charge to reckless driving. In Florida, Michael White, P.A., is committed to protecting your rights after a DUI charge. Reach out today at 954-270-0769 to schedule a consultation with a Florida criminal defense DUI lawyer.
