Factors that potentially aggravate Driving Under the Influence charges are largely dependent on the circumstances of the DUI. The following are some of the common additional factors that DUI offenders in Seminole face:
BAC for a First DUI Offense
A blood alcohol content of 0.08 or higher will result in standard penalties, but if the blood alcohol level is elevated to 0.15 or higher, the penalties can increase from up to six months of jail to as many as nine months. The fines may increase from between $500.00 and $1,000.00 to $1,000.00 to $2,000.00.
For a repeat offender, the DUI penalties may be much harsher than a first-time offender. Florida law states that a second DUI within five years of the first conviction carries a mandatory 10 days in jail, and a third DUI within ten years of the second conviction carries a mandatory 30 days in jail. Should a fourth offense occur, the driver could lose their driving privileges permanently and serve up to five years in jail.
A person driving under the influence in Seminole who causes bodily injury or property damage may face increased penalties.
Refusing a Chemical Test
In Florida, the law of implied consent means that by driving with a Florida driver’s license, you agree to submit to any sobriety test required by law if prompted by law enforcement. This includes a chemical test of your breath, and under certain conditions, a test of your urine or blood. If a driver refuses, they face license revocation, and that refusal can also be used against them in DUI criminal proceedings.
If the driver is on probation for another criminal case and they receive a DUI conviction, their penalties may increase. They may face more jail time, higher fines, as well as repercussions such as further education programming.
Reckless Driving is operating a vehicle with willful or wanton disregard for the safety of persons or property. This charge may include driving at excessive speeds, swerving into other lanes, swerving, ignoring traffic laws, and more. The offender may be required to complete DUI school in addition to other penalties when alcohol or controlled substances are involved.
Additional Aggravating Factors
In addition to the above, being under 21 years old, driving with a suspended or revoked license, or having a child age 14 or younger in the car when driving under the influence can also lead to more severe penalties. A driver may be convicted of a DUI if his or her BAC is 0.02% or higher and they are under 21 years old.
After a DUI Arrest in Seminole, Call McDermott Law Firm, P.A.
If you are arrested for Driving Under the Influence in Seminole, Florida, trust McDermott Law Firm, P.A. for assistance. The Law Dogs® have been helping Tampa Bay residents with DUI and criminal law charges for decades and may be able to help you as well. Call us today at (727) 367-1080 or contact us online to schedule a consultation.