Arrest For Owi In Miami-Dade
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For a first-time DUI conviction, Florida law imposes the following potential jail sentences: Up to 6 months in jail if your BAC was below 0.15% and there were no aggravating factors. Up to 9 months in jail if your BAC was 0.15% or higher, or if a minor was in the vehicle at the time of the offense.
The DUI arrest process in Florida is a multifaceted procedure, encompassing the initial stop, field sobriety and breathalyzer tests, arrest and booking, arraignment and plea, pre-trial motions and hearings, trial, sentencing, driver's license administrative hearings, and potentially the appeal process.
The punishment for a first DUI varies by state but often includes fines, license suspension, probation, mandatory alcohol education, and possibly community service. Jail time is rare for first offenses but may apply in cases of high blood alcohol content or accidents.
The criminal penalties for DUI in Florida are outlined in Florida Statute §316.193. Upon conviction, your driver's license can be suspended for the following periods: First DUI conviction: A suspension of six months to one year. Second DUI conviction within five years: A minimum five-year suspension.
For a first-time DUI conviction, Florida law imposes the following potential jail sentences: Up to 6 months in jail if your BAC was below 0.15% and there were no aggravating factors. Up to 9 months in jail if your BAC was 0.15% or higher, or if a minor was in the vehicle at the time of the offense.
Back on Track (BOT) is a DUI diversion program for defendants arrested for driving under the influence. This safe driving initiative was created by the Miami Dade State Attorney's Office and prosecutors determine whether first-time DUI defendants are eligible for the program.
Drunk driving suspects can expect to spend at least two hours answering questions, being fingerprinted and photographed, and submitting to chemical testing of the driver's blood alcohol content (BAC). A driver could spend a few hours before they are released, or it may take up to a few days.
Florida law recognizes that you should not be found guilty of DUI if you were unintentionally under the influence. In that case, your defense lawyer can raise a defense of “involuntary intoxication.” For example, it is a valid defense that you were intoxicated solely from taking medication as prescribed by a doctor.
Reducing Your DUI to Reckless Driving in Florida A reckless driving conviction is a second-degree misdemeanor in Florida and results in jail time not to exceed 60 days. Unless a DUI case can be dismissed for lack of evidence, an outcome of reckless driving is a victory to avoid a DUI conviction.
