1. DUI DRIVING UNDER THE INFLUENCE — In all cases, there will be a conviction of the charge.
| FINE | MINIMUM (BAL under .20) | MAXIMUM (BAL under .20) | MINIMUM (BAL .20 or greater) | MAXIMUM (BAL .20 or greater) |
| 1st offense | $250 | $500 | $500 | $1,000 |
| 2nd offense | $500 | $1,000 | $1,000 | $2,000 |
| 3rd offense | $1,000 | $2,500 | $2,000 | $5,000 |
| 4th offense (felony) | Up to $5,000 | Up to $5,000 | Up to $5,000 | Up to $5,000 |
| JAIL | MINIMUM (BAL under .20) | MAXIMUM (BAL under .20) | MINIMUM (BAL .20 or greater) | MAXIMUM (BAL .20 or greater) |
| 1st offense | 0 days | 6 months | 0 days | 9 months |
| 2nd offense not within 5 yrs. | 0 days | 9 months | 0 days | 12 months |
| 2nd offense within 5 yrs. | 10 days (48 hours consecutive) | 9 months | 10 days | 12 months |
| 3rd offense not within 10 yrs. | 0 days | 12 months | 0 days | 12 months |
| 3rd offense within 10 yrs. | 30 days | 12 months | 30 days | 12 months |
| 4th offense (felony) | Up to 5 years in prison |
| DRIVER’S LICENSE ACTION | MINIMUM | MAXIMUM |
| 1st offense | 180 day revocation | 1 year revocation |
| 2nd offense not within 5 years | 180 day revocation | 1 year revocation |
| 2nd offense within 5 years | 5 year revocation | |
| 3rd offense not within 10 years | Same as 1st or 2nd offense as appropriate | |
| 3rd offense within 10 years | 10 year revocation | |
| 4th offense (felony) | Permanent revocation |
OTHER ACTION
- 1st offense — Minimum 50 hours of community service
- All cases — Department approved driver training course or abuse education course
DUI CAUSING DAMAGE TO PERSON OR PROPERTY OF ANOTHER
- 1st Degree Misdemeanor — Penalties as stated in paragraph 1 except 1st offense
- Maximum fine: $1,000 — Maximum Jail: 1 year
- Driver’s License Action — Minimum 3 years suspension or as stated above
2. THE FOLLOWING OFFENSES HAVE THE SAME MINIMUM AND MAXIMUM PENALTIES:
- Failure to obey order of police officer directing traffic or fire department officer at scene of a fire
- Failure to sign citation (traffic ticket)
- Leaving the scene of accident with vehicle or property damage
- Making a false accident report
- Driving while license suspended, revoked or cancelled (1st offense provided revocation is not an habitual offender)
- Driving with no valid driver’s license (unless expired within previous four months, in which case it is a non-moving infraction)
- Unlawful use of driver’s license
- Permitting unauthorized operation to driver vehicle
- All license tag offenses on individual car owners
- Assault
- Disorderly conduct
- Disorderly intoxication
- Petty theft (1st offense)
CONVICTION: Court may withhold adjudication and place defendant on probation or may convict
FINE: $0 to $500
JAIL: ) 0 days to 60 days
3. THE FOLLOWING OFFENSES HAVE THE SAME MINIMUM AND MAXIMUM PENALTIES:
- Fleeing or attempting to elude a police officer
- Driving while license suspended, revoked or cancelled (2nd offense or as an habitual offender) (3rd offense is 3rd-degree felony — $5,000 fine 5 yrs. F.S.P. or both maximum penalty) Eff. 10/1/95
- Resisting/obstructing arrest
- Battery
- Petty theft (2nd offense)
CONVICTION: Court may withhold adjudication and place defendant on probation or may convict
FINE: $0 to $1,000
JAIL: 0 days to 1 year
4. WILLFUL AND WANTON RECKLESS DRIVING
a. 1st offense:
CONVICTION: Court may withhold adjudication and place defendant on probation or may convict.
FINE: $25 to $500
JAIL: 0 days to 90 days
b. 2nd offense or more:
CONVICTION: Court may withhold adjudication and place defendant on probation or may convict.
FINE: $50 to $1,000
JAIL: 0 days to 6 months
5. CONVICTION OF ANY THREE OF THE FOLLOWING CRIMES WITHIN A FIVE-YEAR PERIOD WILL RESULT IN A FIVE-YEAR DRIVER’S LICENSE REVOCATION AS AN HABITUAL TRAFFIC OFFENDER:
- Manslaughter resulting from the operation of a motor vehicle
- Driving while under the influence of alcohol
- Commission of any felony in which a motor vehicle is used
- Driving while license suspended or revoked
- Failing to stop and render aid (leaving the scene of an accident)
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Traffic Tickets and Criminal Traffic Offenses
Many people do not realize the serious legal consequences that can come with traffic violations — but these things should be taken seriously.
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First Offender and Diversion Program
The benefits of obtaining an experienced criminal defense attorney as soon as possible cannot be stressed enough.
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Drug Sale, Manufacture and Delivery
The Florida Legislature has made it unlawful for any person to sell, manufacture or deliver,
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Drug Trafficking / Minimum Mandatory Sentences
Penalties for drug crimes in Florida vary depending on the type and quantity of drug
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Prescription Drug Offenses
Florida has some of the strictest laws against illegal drug possession, manufacturing and distribution.
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Drug Possession
Florida law takes drug crimes seriously and, as your lawyer, it is my job to build a serious defense.
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Juvenile Law
Kids make mistakes.
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Self-Defense
If someone attacks you, you have the right to defend yourself.
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Early Termination of Probation
There are multiple reasons that people run into problems with their probation, and many of them are beyond their control.
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Fighting Against a Restraining Order
While a restraining order is often issued temporarily, it can have a long-term effect on the receiver.
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Obtaining a Restraining Order
As a victim of domestic violence, abuse, harassment or stalking, you have the right to seek a restraining order.
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Domestic Violence
Sometimes situations get out of control. Other times, false allegations are made.
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Record Sealing and Expungements
If you could have your criminal offenses sealed or erased,
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DUI Penalties
DUI Driving Under The Influence
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DUI
The police are not your friends.
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Theft Offenses
At The Law Office of Gustavo E. Frances, P.A., I handle a wide range of theft crimes, from petty theft to first-degree grand theft.
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Sex Crimes
The benefits of obtaining an experienced criminal defense attorney as soon as possible cannot be stressed enough
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Firearms Offenses and Violent Crimes
Florida weapons charges laws have become increasingly strict, and the potential sentences people face are longer.
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For legal representation in any dissolution of marriage matter, please reach out to me online or call me toll free at 954-533-2756.
