FAQ's: Your Questions Answered
DUI Accident FAQs
Driving Under the Influence is a crime and a serious one. If an accident is caused by a DUI driver, or even worse a fatally, additional criminal penalties may result. For your convenience, below find the direct links to the criminal statutes pertaining to Driving Under the Influence, as well as the additional criminal statutes that may be involved:
Fine Schedule s. 316.193(2)(a)-(b), F.S.
Community Service – s. 316.193 (6)(a), F.S.
First Conviction: Mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required.
Probation – s. 316.193 (5)(6), F.S.
First conviction, a total period of probation and incarceration may not exceed 1 year.
Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
At court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward the term of imprisonment.
Impoundment of Immobilization of Vehicle – s. 316.193 (6), F.S.
Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.
Conditions for Release of Persons Arrested for DUI-s. 316.193 (9), F.S.
DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.
Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).
DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.
Manslaughter and Vehicular Homicides. 316.193 (3), F.S.
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.
A. First Conviction: Minimum 180 days revocation, maximum 1 year.
B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as “A” above.
C. Third Conviction Within 10 Years of the second conviction: minimum 10 years revocation. Maybe eligible for a hardship reinstatement after two years.
D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions may be eligible for hardship reinstatement after 5 years.
F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as “B-D” above.
How do I know if any of the above statues apply to my case? Call Dan Newlin Injury Attorneys at 800-257-1822: Criminal statues, although readily available to the public can often be difficult to fully comprehend. I highly advise any victim or loved one of a victim to contact an experienced attorney to discuss all aspects of a legal claim before making any major decisions. When you call or contact my office, you will speak with an experienced attorney who is readily available, at no charge, to answer any of your questions. Only if you have all of the answers can you have enough information to make decisions concerning your case. We make it our PRIORITY to ensure that you have all of the information you need. Please call or contact us today.