Out of all drunk driving cases, the first DUI offense is by far the most common. Many of our clients have never been arrested before and will never be arrested again. Throughout the years, Don Pumphrey, Jr., has represented business owners, members of the military, health care professionals, pilots, and college and graduate students.
For first time offenders, the DUI conviction can cause many indirect problems that last far beyond the time the criminal case is resolved. The fact that you have no prior record can be particular helpful in convincing the prosecutor to reduce the charges particularly when your attorney can also highlight important defenses that may lead to a "not guilty" verdict at trial or a dismissal of the charges prior to trial.
DUI cases are treated differently than other types of misdemeanors. For many first time misdemeanor offenses, the prosecutor will funnel the cases into special diversion programs that allow the charges to be eventually dropped. But for DUI cases, the prosecutors are seeking a criminal conviction with at least the statutory minimum penalties and punishments.
If you have no prior record you should be particularly concerned with fighting the charges. Besides the direct consequences of the conviction imposed by the court, other indirect consequences will also last for several years, including increased automobile insurance rates.
Tallahassee First DUI Defense Lawyer
If you have been arrested for a first DUI, contact an attorney to discuss what you need to do today to protect your driving privileges and fight the case. Let Don Pumphrey, Jr., puts his experience to work for you in fighting drunk driving cases in Tallahassee, Leon County and the surrounding areas in North Florida's Big Bend region including Monticello in Jefferson County, Crawfordville in Wakulla County, Quincy in Gadsden County, and Bristol in Liberty County, Florida.
First DUI Information Center
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Two Cases After a DUI Arrest in Tallahassee
After your DUI arrest in Tallahassee or Leon County, FL, two cases are pending against you.
- Civil Case - Immediately after the arrest the DMV will begin an administrative action to suspend your driver's license based on the arrest if you either blew over the legal limit of 0.08 or if you refused to take the breath test.
- Criminal Case - The State of Florida will also bring an action against you for violating Florida's laws prohibiting driving under the influence of alcohol or drugs. If you are charged with a misdemeanor you will answer the charges in County Court. If you are charged with a felony you will answer the charges in Circuit Court.
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The Civil Case to Administratively Suspend Your Driver's License
There is no downside to requesting an administrative hearing to protect your driver's license. If you prevail, you can continue to drive without any restrictions while your DUI criminal case is pending. Even if you do not ultimately prevail at the formal review hearing, the evidence and testimony gained during that hearing may assist your attorney in fighting the criminal DUI charges in court.
After a first arrest for DUI the officer will take your driver's license and issue you a 10 day driving permit. You must file a demand for a formal review hearing within those 10 days or your driver's license will be automatically suspended for either six months or one year depending on whether you submitted to the breath test or not.
- Refusal to Submit to a Breath Test: A refusal comes with a twelve (12) month suspension. After serving 90 days of hard time (during which you can not drive for any reason) you should become eligible for a business purpose only license that allows you to drive to and from school, work, the hospital and other events, for business purposes only, for the rest of the twelve month period.
- Breath Test: If you blew over the legal limit of 0.08 then a six (6) month suspension could be put in place. After serving 90 days of hard time (during which you can not drive for any reason) you should become eligible for a business purpose only license that allows you to drive to and from school, work, the hospital and other events, for business purposes only, for the rest of the six month period.
If you blew under the legal limit and then submitted to a urine test, no administrative action will occur. Likewise, if you submitted to a breath test, the officer does not typically take your driver's license and initiate an administrative action.
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The 42 Day Driving Permit
During the 10 days after your arrest, if you retain an attorney to demand a formal review hearing, your attorney can help you obtain a 42 day driving permit so you can continue driving for business purposes while your attorney prepares for the formal review hearing. Find out more about administrative formal review hearings for DUI cases in Leon County, FL.
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Avoiding Penalties for First DUI Conviction
Fighting the DUI case is important because the penalties are harsh for a first DUI. These penalties are in addition to the administrative suspension, if the suspension is not invalidated after the formal review hearing or if you fail to request a formal review hearing. The penalties for a first DUI conviction include:
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Jail Time: A first DUI conviction provides for a maximum jail sentence of six (6) months in the Leon County Jail. If the breath test result was higher than 0.15 or if a minor child was in the vehicle at the time of the stop the maximum jail sentence is nine (9) months in jail.
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Revocation of Driving Privileges: In addition to any administrative suspension imposed by the DMV, the court is also required to revoke your driver license for at least six (6) months and up to twelve (12) months.
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Business Purposes Only (BPO) Reinstatements: After the DUI conviction, most individuals are eligible for business purpose only or employment purpose only driving privileges for the entire period of the court ordered revocation (in other words, no additional "hard period" of no driving for any reason is imposed, assuming that the driver has already completed DUI School).
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Probation: In misdemeanor DUI cases, the judge is required to impose twelve (12) months of probation (with credit for any jail time imposed), however, the court can terminate the probation early if all special conditions are met.
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Community Service: The court must impose 50 hours of community service, however, the court may permit you to "buy out" a portion of those hours at a rate of $10.00 per hour.
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DUI Fine: The court is required to impose a fine of $500 to $1,000 (unless the breath test reading was over 0.15 or a minor child was in the automobile in which case the court is required to impose a fine of $1,000 to $2,000).
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Vehicle Impound: In most cases the judge will impose a 10 day vehicle impoundment unless the court finds that it would be a hardship to another family member that has no other form of transportation.
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DUI School: The court is obligated to impose a requirement that the driver complete Level I DUI school which consist of a twelve (12) hour class, substance abuse evaluation, follow up treatment (typically requires 8-12 weeks of alcohol or drug treatment and counseling); and
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Ignition Interlock: Although the court has the discretion to impose the ignition interlock device after a first DUI conviction, the court is only required to impose this condition on a first DUI when the breath or blood alcohol reading was 0.15 or higher or when it is alleged a minor was in the automobile.
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Requirement to Reinstating Your Driver's License After a First DUI Conviction
Even after you have completed all of the terms and conditions imposed by the court, you must still reinstate your driver's license. For reinstatement, you must show proof of obtaining FR-44 insurance, pay a reinstatement fee of $60, pay an administrative fee of $115, and pay a driver's license fee.
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The Law Offices of Don Pumphrey, Jr. | First DUI Lawyer in Tallahassee
After an arrest for a first DUI in Tallahassee, FL, in Leon County or any of the surrounding counties through the Big Bend region of North Florida including Quincy in Gadsden County, Crawfordville in Wakulla County, Monticello in Jefferson County, and Bristol in Liberty County, Florida contact our offices for an experienced DUI Attorney who will fight for you defense.