Consequences of a First-Time DUI in Winter Garden

Your first arrest for driving drunk is likely not going to put you in prison. However, there are still consequences to a first-time DUI in Winter Garden that you should be aware of. Speak with a first-offense DUI attorney about what the penalties are and how you could have them reduced.

What Are the Penalties for a First Time DUI in Winter Garden?

One of the mandatory minimum penalties for a first-time DUI is 12 months of probation, which can be reduced to six months’ probation as long as the person has enough time to complete all other mandatory requirements. Among these requirements are:

  • Minimum $500 fine
  • Mandatory DUI classes
  • Potential completion of a treatment program
  • 50 hours of community service
  • Minimum six months’ license suspension
  • 10-day vehicle immobilization
  • Mandatory court costs

If someone in Winter Garden was convicted on a simple first-time DUI, this list of consequences would be their best-case scenario.

Diversion Programs and Probation Options

In Florida, there are two levels of diversion for DUIs, called tier one and tier two. Both of them result in a complete dismissal of the charges and they are developed to reflect the penalties that someone convicted of DUI would have to undergo. There is a term of supervision and random drug testing, just like if the person were sentenced to probation, and they still have to pay the DUI fine, complete the courses, and do community service.

The difference between the two tiers is that tier one does not require a breathalyzer be installed in the person’s vehicle in order to earn the dismissal, but tier two does. If the person must complete tier two, then in addition to all of those penalties, they would have to have a breathalyzer in their car for six months.

Driver’s License Penalty

Most people arrested for first time DUI in Winter Garden will get a six-to-twelve-month suspension depending on what number they blew on the breathalyzer. If they blow over the legal limit when they were arrested, the DMV will take away their license immediately after their arrest for six months. If they refuse to blow, the DMV will take their license immediately after their arrest for one year. If they are convicted in court six months later, the court will then impose a second, court-ordered suspension, which begins that day. That could, in theory, prolong the length of their overall total suspension.

How Can Someone Challenge The Suspension of Their License?

Within the first 10 days of a DUI arrest, a person has a right to challenge the basis for the suspension. An attorney must quickly get all the necessary paperwork together to request the challenge and a formal review hearing. During the hearing, they must convince the DMV that there was not probable cause to even ask the driver to submit to a breath test, or there was insufficient evidence that the person blew over the legal limit or refused to blow.

Applying for a Restricted License

If someone wants to waive their right to challenge the suspension, and they just want to apply for their hardship license right away, they have that right. Within the first 10 days, instead of requesting a hearing to challenge the suspension, they would have to sign up for the DUI school, which is a 12-hour course followed by an evaluation and possible recommended treatment. Once they have signed up for that class, they can submit that proof along with an application to the DMV. They will then receive a phone call from the DMV to let them know whether they have been approved for their hardship license and where they need to go to pick it up.

Talk to a Winter Garden Attorney About Mitigating the Consequences of a First-Time DUI

While your first DUI offense may not produce the penalties like a serious felony would, it is important to still have someone on your side who could argue for leniency. The Umansky Law Firm could provide steadfast support. Call our team to discuss the consequences of a first-time DUI in Winter Garden.

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