Will I go to jail for a misdemeanor DUI?

Courts have the discretion to impose jail terms for misdemeanor DUI, even for a first-time conviction. In some cases, an offense will have a mandatory minimum jail term. However, courts can impose intermittent jail sentences, which allow offenders to serve incarceration overnight or on weekends. When courts decline to sentence a defendant to jail for misdemeanor DUI, they must impose probation; violating the terms of your probation can also lead to jail time.

Can I lose my driver’s license?

Even a misdemeanor DUI conviction can result in suspension of your driving privileges. In most cases, you will have to serve a driver’s license suspension of 180 to 365 days following a misdemeanor DUI conviction. You may also have suspension periods to serve if you refuse a breath, blood, or urine test under the implied consent law following a DUI arrest.

What should I do when facing a misdemeanor DUI charge?

When the police have arrested you for misdemeanor DUI, you can best protect your rights and options by remaining silent and declining to answer questions about your case from the police or prosecutors. Furthermore, you should contact a DUI defense attorney as soon as possible. Although a misdemeanor DUI may not sound like a serious matter, a conviction can have devastating consequences that follow you for a long time.

West Palm Beach Misdemeanor Offense DUI Lawyer | Misdemeanor DUI Attorney West Palm Beach, FL

Misdemeanor DUI Attorney in West Palm Beach, FL, Striving to Keep Charges Off Your Record in Palm Beach County, Broward County, Martin County, and Throughout South Florida

Have you been arrested for misdemeanor DUI in South Florida? One mistake does not have to define your life for years to come. Let West Palm Beach misdemeanor offense DUI lawyer Brandon Dinetz and BD Law defend your rights, reputation, and future. Attorney Brandon Dinetz has extensive experience with Florida’s criminal justice system, having served as a prosecutor. Today, he uses his insight into how the state builds cases to prepare tailored legal solutions for his clients. Contact us today to discuss your options for facing a misdemeanor DUI charge.

Understanding When DUI Constitutes a Misdemeanor Offense Under Florida Law

In most cases, committing a DUI constitutes a misdemeanor offense, which means penalties that only include probation, fines, or jail time. DUI usually becomes a felony offense only when an incident involves aggravating factors, such as causing an accident that results in injuries or death. A driver who has multiple recent DUI convictions may also face a felony charge instead of a misdemeanor offense.

Penalties for Misdemeanor DUI

Penalties for misdemeanor DUI will depend on whether a defendant’s offense involved aggravating factors or whether the defendant has prior DUI convictions. Penalties for a first-time DUI conviction include:

A fine of $500 to $1,000 (or $1,000 to $2,000 with a BAC of 0.15 or higher or a minor passenger in one’s vehicle)
Up to six months in jail (or up to nine months with a BAC of 0.15 or higher or a minor passenger in one’s vehicle)
Driver’s license revocation of 180 to 365 days

A second DUI conviction also qualifies as a misdemeanor offense DUI. Penalties for a second offense include:

A fine of $1,000 to $2,000 (or $2,000 to $4,000 with a BAC of 0.15 or higher or a minor passenger in one’s vehicle)
Up to nine months in jail (or up to 12 months with a BAC of 0.15 or higher or a minor passenger in one’s vehicle); minimum mandatory sentence of 10 days (with at least 48 hours served consecutively) after a second conviction within five years of a prior DUI
Driver’s license revocation of 180 to 365 days
Minimum one-year ignition interlock device requirement

In some cases, a third DUI can also qualify as a misdemeanor. Penalties for a misdemeanor third DUI include:

A fine of $2,000 to $5,000 (minimum fine of $4,000 with a BAC of 0.15 or higher or a minor passenger in one’s vehicle)
Up to 12 months in jail
Driver’s license revocation of 180 to 365 days
Minimum two-year ignition interlock device requirement

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Defenses in Misdemeanor DUI Cases

In ordinary DUI cases, you may have various factual or legal defenses to challenge the prosecution’s case. Common defenses to misdemeanor DUI charges include:

Unreliable field sobriety test results: Problems with field sobriety testing, such as an officer’s lack of training or environmental/medical conditions that affected your performance, may allow you to challenge the reliability of test results.
Unreliable chemical test results: Errors in chemical testing following a DUI arrest, such as officers’ failure to follow testing protocol or ensure the calibration of testing equipment, can affect the reliability of results.
Unlawful traffic stop: A defendant may challenge the evidence in a DUI case by arguing that police lacked reasonable suspicion of a traffic violation or criminal offense to initiate the stop that allowed police to gather evidence.
Insufficient evidence of driving/actual physical control: You might fight a misdemeanor DUI charge by showing that the prosecution has no evidence that you drove or exercised control over a motor vehicle while intoxicated.

How Can a Misdemeanor DUI Attorney Help You?

A West Palm Beach misdemeanor offense DUI attorney from BD Law can help you protect your rights and future from the harshest consequences of a conviction by:

Investigating your case to obtain evidence that may help build a compelling defense against your charges
Explaining the potential outcomes of misdemeanor DUI to help you make informed decisions throughout the case
Aggressively challenging the prosecution’s case, including moving to exclude evidence that is unreliable or was obtained in violation of your rights
Advocating your defense in court and at trial if you choose to fight your charges

Contact a West Palm Beach Misdemeanor Offense DUI Lawyer to Protect Your Interests

After getting arrested and charged with misdemeanor DUI, don’t leave the outcome of your case to chance. A misdemeanor DUI conviction can have severe consequences for your reputation and future. Contact BD Law today for a confidential consultation with a misdemeanor DUI attorney in West Palm Beach, FL, to discuss your legal options for pursuing a favorable resolution of your case.