Fort Lauderdale Criminal Attorney Blog
Facing a first-time DUI in Broward County can be a scary experience, especially for those who have never navigated the criminal justice system before. Although it may not result in significant jail time (assuming no one was seriously hurt), we do need to stress that it’s a mistake to think that a first-time DUI in Broward County will result in nothing more than a slap on the wrist. The reality is a DUI conviction can have lasting consequences for your career, your education and your personal relationships.
The good news is that even if a dismissal of the charge is impossible, there are legal avenues that could minimize the impacts. Specifically, Broward County has a number of diversion programs and alternative resolutions that may be available, particularly for first-time offenders. But just because you’ve never been in trouble before doesn’t mean the state attorney’s office is going to be eager to let you off light. It’s important to hire a skilled Fort Lauderdale DUI defense lawyer to ensure you aren’t taking an unfair deal or one that could have latent consequences you haven’t considered.
Understanding First-Time DUI Penalties in Florida
Before discussing alternatives, it’s crucial to understand what’s at stake. Under Florida Statute §316.193, a first-time DUI conviction carries significant penalties:
- Fines ranging from $500 to $1,000 (or $1,000 to $2,000 with a BAC of .15 or higher)
- Up to 6 months imprisonment (or up to 9 months with a BAC of .15 or higher)
- License suspension from 180 days to 1 year
- 50 hours of community service
- 12 months of probation
- DUI school completion
- Vehicle impoundment for 10 days
- Ignition interlock device installation (mandatory for BAC of .15 or higher)
Aggravating Factors That Increase Penalties
Several circumstances can enhance these penalties substantially:
- Having a minor in the vehicle at the time of arrest (increases fines and potential jail time)
- Causing property damage or bodily injury (elevates the charge to a first-degree misdemeanor or felony)
- Having an extremely high BAC level (.15 or higher)
- Refusing to submit to a breath, blood, or urine test (triggers automatic license suspension under Florida’s implied consent law)
Broward County Diversion Programs
Fortunately, the option of a diversion program may help first-time DUI offenders avoid the full weight of these consequences.
The main avenue for first-time DUI offenders is:
Misdemeanor Diversion Program (M.D.P.)
The Misdemeanor Diversion Program is a potential option for some offenders in Broward County with a short or non-existent criminal history. That can include first-time DUI offenders. Those who are accepted – and successfully complete — the program will be eligible to have the court drop the charges against them. The program is managed by the Broward County Sheriff’s Office Probation Division in Fort Lauderdale.
Acceptance into the diversion program is at the discretion of the state attorney’s office. In fact, eligibility requirements may be somewhat flexible on a case-by-case basis. This is one of those times when having an experienced DUI defense lawyer to advocate on your behalf to prosecutors can go a long way – even when the evidence against you is significant.
When a diversion program isn’t an option, other resolution strategies may include: Continue reading
