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Understanding Florida DUI Arrest Charges

Not only do drunk driving victims experience life changing consequences, but a DUI conviction in Florida can have devastating impact on the lives of defendants and their families. They may face massive fines, the loss of their license and even jail time. If you have been charged with a DUI in Florida, A Florida DUI attorney can look at your case and develop defenses to protect your freedom and your family’s future.

Getting A DUI In Florida

In Florida, an individual is guilty of driving under the influence when they operate or control a vehicle while having a blood alcohol level of at least 0.08 grams of alcohol per 100 milliliters of blood, or a breathalyzer reading of at least 0.08 grams of alcohol per 210 liters of breath.

A vehicle does not have to be in motion. The statutory language, “actual physical control,” means that an intoxicated person sitting in the driver’s seat with keys to turn on the car could also face DUI charges.

Even in those cases, those charged with a DUI should consult with a Florida criminal defense attorney.

Impact of a Florida DUI Charge

If you have been accused of a DUI in Florida, do not underestimate the severity of the charges that you face. Depending on the nature of the violation, your may face the following:

  • License suspension or revocation
  • Jail time
  • Significant fines and court costs
  • Vehicle impoundment
  • Ignition interlock
  • Victim impact programming
  • Probationary supervision

Many Florida DUI cases are prosecuted as misdemeanors, however, there are some situations in which a DUI can be prosecuted as a felony. You should speak with an experienced Florida DUI lawyer to learn about the severity of your charges and the best available defenses.

DUI Charges In Florida

Every DUI case is different, and the outcome depends largely on the facts of each individual case. However, Florida law lays out the different charges that a driver may face when caught driving under the influence.

First Florida DUI Conviction

If you have been charged with your first DUI in Florida, you could be facing fines, jail time and additional penalties. Below is a breakdown of penalties for first time DUI convictions:

Fines

  • Blood alcohol level of 0.08 or higher: $500 - $1,000
  • Blood alcohol level greater than 0.15, or driving with a minor in the car: $1,000 - $2,000

Jail Time

  • Blood alcohol level of 0.08: 8 hours - 6 months
  • Blood alcohol level greater than 0.15, or if you were driving under the influence with a minor in the car: maximum jail time is nine months.

Additional Penalties

  • Mandatory 50 hours of community service
  • Probation up to one year
  • Vehicle impounded for 10 days
  • Revocation of driver’s license for 6 months to 1 year

Second Florida DUI Conviction

A conviction for a second Florida DUI is treated with greater penalty. Below is a break down of the fines, prison terms and additional penalties you may face for a second DUI:

Fines

  • Minimum fine of $1,000 - $2,000
  • If blood alcohol level was 0.15 or higher, the fine is $2,000 - $4,000

Jail Time

  • Imprisonment up to 9 months
  • If blood alcohol level is greater than 0.15%, or if the DUi resulted in a car accident, jail time may be increased to 1 year
  • Mandatory imprisonment for at least 10 days if the second DUI occurred within 5 years of the first DUI conviction

Additional Penalties

  • 180 days to 1 year on probation
  • Revocation of driver’s license for up to 5 years
  • 30 day vehicle impound
  • Ignition interlock
  • Florida DUI school
  • Financial restitution for any victims injured or involved in a DUI accident

Third Florida DUI Conviction

If you have been convicted of two DUIs, the third conviction will carry significantly harsher penalties. Below is a breakdown of the penalties that a third time offender may face:

Fines

  • Minimum fine of $2,000 - $5,000
  • If blood alcohol level was 0.15 or higher, the minimum fine is $4,000

Jail Time

  • Imprisonment up to 5 years
  • Mandatory imprisonment for at least 30 days if the third DUI occurred within 10 years of the previous DUI conviction

Additional Penalties

  • Permanent felony conviction if third DUI occurred within 10 years of previous DUI
  • 180 days to 1 year on probation
  • Revocation of driver’s license for up to 10 years
  • 90 day vehicle impound
  • Ignition interlock
  • Florida DUI school
  • Financial restitution for any victims injured or involved in a DUI accident

Fourth Florida DUI Conviction

Those facing a fourth DUI conviction can expect to receive an even harsher sentencing. Not only do repeat DUI offenders face lengthy jail time, but they may lose their license for life. Below is a breakdown of the fines and jail time that fourth time offenders may face:

Fines

  • Minimum fine of $2,000 - $5,000
  • If blood alcohol level was 0.15 or higher, the minimum fine is $4,000

Jail Time

  • Imprisonment up to 5 years

Additional Penalties

  • Permanent felony conviction
  • Up to 5 years on probation
  • Lifetime revocation of driver’s license
  • 90 day vehicle impound
  • Ignition interlock
  • Florida DUI school
  • Financial restitution for any victims injured or involved in a DUI accident

Defenses To DUI Charges

If you are facing a DUI charge, there may be a number of available defenses to help mitigate the consequences of your DUI charge. For example, a skilled Florida DUI attorney can attack the legality of the initial traffic stop, question the accuracy of the blood alcohol test, question to the reliability of the evidence, challenge the credibility of the arresting officer’s determination that you were impaired.

Hiring an attorney immediately after a DUI arrest can help you understand your DUI charges and potential defenses to those charges.

Contact A West Palm Beach DUI Attorney Today

If you have been charged with a DUI in Florida, it is critical that you contact a Florida DUI attorney immediately. Florida DUI penalties can be severe and can negatively affect your life and your family’s life for years to come. Hiring a Florida criminal defense attorney can help protect your freedom and your future.

Contact the Florida criminal defense attorneys at Salnick Law, P.A. today by using the form below.

Gregory Salnick
Mr. Salnick is a Florida Board Certified Specialist in Criminal Law. He began his legal career at the Palm Beach County State Attorney’s Office where he prosecuted over 90 jury trials, ranging from DUI to murder, armed robbery and drug trafficking. Mr. Salnick quickly gained a reputation as a tenacious and ethical attorney at law. Mr. Salnick now serves as state and federal criminal defense attorney at Salnick Law, P.A.
Call us today at 561-471-1000

What Our Clients Are Saying

"Best attorneys around! From the moment I met Michael I knew I was in good hands. Also the father and son dynamic duo leave no stones unturned. Extremely professional and knowledgeable. They are also highly respected by judges and prosecutors alike! You will not regret hiring this law firm for any of your needs!"

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"I am a client of Greg and Mike Salnick. While I dont have any pending matters they are handling for me, it is my belief that once you are a client of these gentleman, you are always their client. They put their heart and soul into representing their clients. These are highly competitive men that find true pleasure in zealously advocating for their clients..."

former client

"I reached out to Salnick Law when I was wrongly criminally charged by my employer. A conviction would have cost me my professional certification along with jail time. Michael and Greg stood by me when I refused to accept any plea deals. We went to trial and with the expertise of Salnick Law I was found NOT GUILTY! Throughout my year and a half ordeal Michael and Greg were available to me at any time of the day or night..."

former client

"Often imitated never duplicated,the Salnick law firm is in a league of their own! Michael and Gregg go above and beyond for there clients.There knowledge of the law and ability to produce exemplary results speaks for itself.Super lawyers is an understatement.If you’re looking for the best,then look no further!"

former client

"My family and I are so grateful for The Salnick Law Firm. Michael and Greg treated me as if I was family. They believed in me at a time when I felt like the world was against me. Because of Salnick Law Firm I have my life back. Their expertise in criminal law gave me my freedom. I thought to be home with my family and free to travel was only a dream but it is reality! Thank you!"

former client

"Greg Salnick is a fantastic attorney. I am grateful for the care and time he put into my brother’s case. Greg was professional, knowledgeable, and accessible. Greg explained every step in the legal process, and we were thrilled with the outcome."

former client

"Greg Salnick is not just a great lawyer but a solid human being. He made sure that our entire family was kept apprised every step of the way and generally cared for the well-being of us all. Criminal cases are hard enough but with Greg in your corner you are getting the best hands down."

former client

"Greg Salnick is Harvey Spector from the show suits lol all jokes aside he is the best lawyer I could ask for and Greg will do the best he can always for you and to make you feel like your not just another case"

former client

"Could not ask for a better lawyer then Greg, was looking at life in prison but he was able to prove my innocence. He has helped many of my friends as well. Trust me I wouldn’t put my life in anyone else’s hands other then Gregs."

former client

"This Law firm deserves an additional 100 stars ⭐. I'm so pleased with the level of care and time Attorney Michael Salnick put into my brother's case. He did it with passion, love, and honesty. If you need a criminal defense attorney, look no further. Highly recommended! Best attorney ever! His reputation and results are impeccable!"

former client

"Greg Salnick is a fantastic trial attorney, a dedicated professional, and has the utmost integrity. He is someone I trust implicitly to refer my clients to, and is an excellent choice when deciding on an attorney to handle your criminal matter."

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Alex Montague
Alex Montague
2024-04-18
I recently had the pleasure of being represented by Salnick Law, P.A., and I can’t recommend their services highly enough. My brother referred me to them, and from the start, they treated my case as if it were their own family’s matter. They handled both my traffic ticket and the complexities of my DUI case, which was my first offense, with exceptional care and expertise. Their dedication not only led to a reduction of my charges to reckless driving but also saved me a significant amount in fines. I would like to thank Greg for his patience while I took the time to write this review. If you are looking for a law firm that is professional, knowledgeable, and treats their clients like family, then Salnick Law, P.A. is the place you need. Thank you for your outstanding service and support during a challenging time in my life.
Chloe
Chloe
2024-01-30
Greg and Lisa were great! Highly recommend them to help you. They were easy to trust right away. We had a great experience with them. They communicate with you every step of the way and were super easy to get in touch with if needed. They made a hard time easier being able to trust their every move. All charges on our case were dropped thanks to Greg and Lisa.
Daniel Scanlan
Daniel Scanlan
2023-12-10
It is with pleasure that I submit a review for Salnick Law, PA. I worked with Greg and Michael Salnick over the past 6 months, and I can say, without hesitation, their professionalism and expertise helped me through a difficult situation. The office staff were knowledgeable, kind and compassionate, a rarity in today's market and much appreciated. I heartily recommend Salnick Law, PA if the time comes when nothing but the best legal representation will do. Daniel Joseph Scanlan
LINDA SCANLAN
LINDA SCANLAN
2023-12-09
Things happen in life that may require a defense attorney. I would encourage anyone, in that position, to call Salnick Law, PA. Let me tell you why. We needed a defense attorney and thank goodness we were referred to Michael and Greg Salnick. The first phone contact was reassuring and helped us to feel confident we were in the best of hands. We would come to appreciate their brilliant legal minds, years of experience, expertise and sensitivity, immediately convinceing us we made the right choice. We never regretted choosing Salnick Law, PA in Palm Beach County. There are no words to articulate the manner in which they treated us and developed the case. The office staff, and others with whom we worked, were exceptional. There was never a time we felt confused or unsupported. These attorneys know the law but as important, they knew us and rolled up their sleeves and went to work never taking their foot off the accelerator. Again, hope it's never necessary, but because there are no promises in life, you may find yourself, or a loved one, in a position when only the best attorneys will do, please make the phone call to Salnick Law. I know you will not regret it. Linda S.
Michael Reilly
Michael Reilly
2023-09-23
If you are falsely charged with a horrific crime you never committed then use this law firm! Michael Salnick along with his entire staff, outside investigators, and experts were able to show a very competent jury the truth and as my family and friends throughout the industry all knew, I was found Not Guilty. Michael commands the courtroom with his ability to relay the facts and to highlight inaccurate testimony by both incompetent and uncredible witnesses. Salnick Law was highly recommended by prominent law firms in Los Angeles, CA and Michael and Greg Salnick lived up to their reputation.
Jose Gutierrez
Jose Gutierrez
2023-09-18
Mr. Salnick and his team are just fantastic. An incident happen where I was set up by an individual. I was facing 10 years. My wife called the PBA and they referred her to Mr. Salnick "best decision ever." He is a great attorney and even better human being. At the end of a 30 month battle, I was declared NOT GUILTY.
Alex Aleman
Alex Aleman
2023-08-23
I would recommend everyone to Salnick Law,P.A. They have been a great help for all of my problems!! They always stay on top of things!!
Kevin Leichtman
Kevin Leichtman
2023-08-21
We have never met a lawyer with more knowledge OR more compassion than the Salnick family! They helped us beyond any expectations we had, while showing empathy the whole way through. Greg kept us informed with complete honesty and transparency and made sure we were comfortable and at peace with every step of the legal process. Our outcome was much better than hoped for, and certainly much better than had we gone to another law office!
Kari
Kari
2023-08-11
Amazing staff. We hired Greg, and he has been ahead of the game! We totally feel like we are in great hands. Would highly recommend!
Lisa Carta
Lisa Carta
2023-07-28
Working with Gregory was a professional experience and worth every penny! I would highly recommend Salnick Law!

locations we serve

  • statewide
  • palm beach county
  • broward county
  • martin county
  • st. lucie county
  • miami-dade county
  • nationwide - we have practiced pro hac vice (in State and Federal Courts) in over 15 states.

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