You are only committing the crime of drinking and driving if you drink enough to register a blood alcohol content (BAC) of 0.08 or more. If a Clermont police officer pulls you over, suspecting you are driving under the influence (DUI) of alcohol or drugs, you will likely experience a lot of different emotions.
Will you be sentenced to jail time? Can the judge suspend your driver’s license? Will an arrest or conviction cause your car insurance to go up? For the answers to these and all your questions after being charged with a first-time DUI in Clermont, call the Umansky Law Firm now.
Florida Statutes § 316.193 defines DUI and its penalties for operating or being in control of a motor vehicle while impaired. The penalties for a first DUI depend on whether there are aggravating factors, including property damage, injuries to others, a child passenger, or a BAC higher than 0.15, nearly twice the legal limit for drivers 21 and older. A competent criminal defense attorney might be able to negotiate a plea bargain with the prosecutor before trial that allows you to avoid jail time for a first DUI with no aggravating factors. Often, a prosecutor drops the DUI charge to reckless driving, which is not as impactful to your future choices.
Our attorneys could also negotiate for a withholding of adjudication for reckless driving, giving you the opportunity to seal the criminal record much sooner than the mandatory seven years for DUI convictions.
Fla. Stat. § 322.2616 is the state’s “Zero Tolerance” law aimed at minors caught drinking and driving. They can be charged if they register a BAC of 0.02, and for a first offense, the officer can initiate a six-month license suspension. If a teen’s BAC is 0.08 or higher, they face the same penalties as an adult. At any age, after being charged with a DUI for the first time, contact a Clermont attorney with the Umansky Law Firm for compassionate representation.
The judge can sentence a convicted first-time DUI offender to jail for up to six months, but depending on the severity of the aggravating factors, jail time can be increased to nine months. The court could also impose probation for up to 12 months, but the combined jail time and probation cannot exceed 12 months. Other penalties the judge can impose for a first-time DUI are:
Other repercussions can attach. Car insurance rates rise an average of 50 percent for three years after a DUI conviction, and offenders can lose their jobs, especially if they drive for a living, such as truckers, or operate heavy machinery.
Even if an offender has no criminal record and is a first-time DUI recipient, aggravating factors can severely affect the charges. It is a third-degree felony if someone is seriously injured because of the offender’s reckless acts, and if someone dies, the charge is DUI manslaughter, which can be charged as a first- or second-degree felony depending on the facts. To discuss a first-time DUI with a Clermont attorney, call the Umansky Law Firm now and let us schedule a consultation.
Our attorneys offer more than skilled representation after a DUI charge. We offer hope. If this is your first DUI in Clermont, rest easy because there have been many before you who we have successfully defended. It is possible after we assess your case that we can save you from a jail sentence with a well-crafted defense.
Field sobriety tests for BAC are notoriously inaccurate, we could argue you have balance issues and could not walk heel to toe, you were prescribed the controlled medication an officer found in your car, or the officer failed to read you your rights to contact an attorney or remain silent. Put your trust in the Umansky Law Firm and let us solve your problem.
The Umansky Law Firm Criminal Defense & Injury Attorneys
