DUI, DWI, OVI?
DUI stands for driving under the influence. Some states use the term DWI, driving while intoxicated, instead of DUI. (DWAI, OVI, OWI) Their meanings are identical: they refer to a person driving while impaired by alcohol or drugs.
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Florida Drunk Driving Attorneys
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
Fine Schedule s. 316.193(2)(a)-(b), F.S.
- First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
- Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
- Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
- Fourth or Subsequent Conviction: Not less than $2,000.
Community Service - s. 316.193 (6)(a), F.S.
First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
Depending on the details of your case, there are options available to you besides jail time, including:
Fines
As you may know, the State of Florida has greatly enhanced the penalties for DUI in recent years. The first conviction may result in a term of imprisonment or probation, a substantial fine, community service time, and a loss of driving privileges. If the judge decides to give you probation rather than a jail sentence, you must be required to report to a probation officer once a month for a year and pay monthly for the costs of probation. Completion of DUI school and an evaluation for substance abuse is also mandatory. Normally your car insurance rates will increase substantially if you are convicted of DUI. Once the conviction is entered by the court, it is very difficult to successfully challenge that conviction after the fact.
A second conviction for DUI can carry with it a mandatory term of imprisonment for not less than 10 days. Subsequent DUI convictions carry even more severe penalties, including long-term jail sentences and mandatory revocation of driving privileges. A third DUI charge can be a felony under a recent change in the law.
The State of Florida must prove a DUI beyond and to the exclusion of every reasonable doubt. The breathalyzer machine might have been in error and the results could be challenged. The circumstances of the arrest might also be subject to legal attack
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FHP: 10,732 DUI (Driving Under the Influence) Arrests in Florida in 2008
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Network of DUI/ DWI lawyers who represent persons charged with drunk driving offenses.
Drunk driving, DUI, DWI and Drunk Driving Defense are common words in our every day speech, which should warn us that these time-consuming and expensive offenses are becoming a growing problem in the US. Drunk Driving Lawyers will tell you that the term drunk driving has many official names including, DWI (Driving While Intoxicated), DUII (Driving Under the Influence of Intoxicants), OMVI (Operating Motor Vehicle Intoxicated), and OUI (Operation Under the Influence), and other acronyms OWI, DUIL, DWUI
Drunk driving can cause:
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