Saturday, January 29, 2011
So you got a DUI what's next?
It's obvious that when people drink at parties at one point or the other they have to drive home, most of the time the designated driver rule is ignored and that leaves you having to drive your drunk self x amount of blocks to get home. The best way to avoid a DUI is to not drink and drive but assuming you don't listen to the warning and make the countless mistakes that others do there is a way to help you avoid police while you are drunk and driving.
The most obvious way is to avoid driving recklessly, try to anticipate what a cop would be looking for, if going too fast and getting pulled over is bad then going too slow is an obvious sign that something is wrong with the person. Another good method is to plan the way home through the back skirts this helps by avoiding huge intersections where cops could be posting up waiting for someone to violate the law like a fisherman anticipating his catch. The downside to taking back skirts is that you waste more time in getting home but if you're gonna already make the mistake of driving while your drinking wouldn't you rather be safer and take your time in getting home?
Say you did get a DUI though, in Florida the laws about it are tough to deal with, I know a couple of people who are in that mess and let me tell you it's no joke. According to Florida Laws the Fine Schedule is as Follows:
First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
Fourth or Subsequent Conviction: Not less than $2,000.
And as for jail time taken from "http://www.flhsmv.gov/ddl/duilaws.html"
Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.
First Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months.
Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.
Luckily all this can be avoided if you just play it safe and not drink at all, but if you do make sure you always have a lawyers number. In a country where reputation is everything (From credit history, to criminal records) a lawyer will be there to defend you all the time.