Understanding the new dui laws in Florida - I am a criminal defense attorney answering questions about what to do with a DUI charge in Florida

What's the difference in penalties in Florida for a first time DUI offense and a reckless driving charge?

Hello;

Thank for the question. I would need to know more specifics about the case to give you a better answer. Generally, for a Reckless, there should not be any conviction or loss of license with a first offense reckless as opposed to a first offense DUI. Each case is different though...

If the individual is convicted of a second DUI charge, would this have any impact on the first DUI charge that was reduced to reckless driving? For example, would it then revert back to a DUI charge, or would it remain a reckless driving charge?

Hi Big Willy;

Once the first DUI is reduced it is done forever. They might treat you harder on the second arrest since it is really not your first, however. They will know that you got a berak the first time and will think that you didnt learn your lesson and treat you harder than the first time.

What's your recommendation regarding taking a breathalyzer when you're stopped/ does that play into whether your charge can be reduced?

Hello again Beckham, Florida gives you one free refusal, we suggest that you use it if you find yourself being asked to give one and you have been drinking enough to register on the instrument. Second refusal in FL is a Misdemeanor. FIrst offense you should refuse and make it harder for them to prove your guilt, my opinion....thanks for the question

When you say "one free refusal", how long does that protection last? That is, do they have to let you leave (presuming they don't have other reasons to keep you)? Can they pull you over again down the road and demand you take one or get a misdemeanor? Radio another officer to pull you over a mile away?

They will not let you go. Whether you refuse or blow, the next stop is usually a holding cell at the Jail unless you are in the Hospital as a result of the incident

General advice is that if it is your first time being accused and you are not sure what you had to drink or are concerned that you would be over the limit, the you should NOT take the breath test.

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Count Drew; Not that familiar with this case but i would bet it was a combo of a rock star lawyer and good facts, with the possibility of some mistakes by the Police investigators thrown in. Any combo of these could do the trick!

Good afternoon, lets talk about some DUI laws!

Would this only apply going forward or could someone appeal a previous no contest plea?

Usually going forward only....

If someone were to be driving under the influence but cause no damage to anyone or any property, is there more of a chance for the charge to become a reckless driving charge?

YES!

Yes, the less aggravators on your case the greater the likleihood that you can get your charges reduced to a reckless. Accident cases, high breath and not first offenses are generaly disqualified unless we can find a loop hole for you :)

Thanks for the question hope that the answer helps.

Would Checking into rehab reduce charges? assuming there was no damage/accident...

Hello Jedi; Treatment will certainly help with the disposition ( result/sentence ) of the case but generally not reflectve on guilt or innocence. Treatment is a mitigator not a defense generally, Hope this answer helps. One should get help if they need it. It is generaly money in the bank towards any future sentence.....

Is it difficult to get insurance after a drunk driving conviction?

Hi Sprout;

Insurance can get pricey if you have a DUI on your DL record especially if there was an accident involved that resulted in damages or injury that an insurance company had to pay out damages for. If you cost them, they will try and get it back from you with increased rates or just drop your coverage. Happens all the time

What is the difference in penalties between a first time DUI charge and a second one? If they happen far apart (like 2-3 years in between each charge) how will that affect your case in comparison to if each charge were to happen within a few months of each other?

Hello Shine;

DUI is the more you get the worse it gets. Categories in FL are 2 within 5 years, three within ten of a prior ( Felony ) and 4th lifetime DUI is also a felony. The closer they are to each other the tougher the sentence will be unless we can come up with a plan to beat the case or mitigate your situation

Is it a good idea to attend driver improvement course before my hearing?

Depends whch course and what type of Hearing, can you please be more specific?

Hello again Sprout, depends which school and what type of hearing can you please clarify?

DUI laws are tough in FL and you should consult an experienced attorney in these matters so you do not go it alone!

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Hey Peachy; Depends on the facts of the case and your record. Second DUI suspensions are usually full term, but certain ones are not. Second convictoin within five years you will have to wait a year and have the interlock installed in FL prior to any reinstatement. You may also have to go into a DUI Superivision program as a condition of reinstatement to make suer that you are not drinking/using still

Thank you for the questions, feel free to reach out direclty to me at [[email protected]](mailto:[email protected]) or on our website www.leifertlaw.com