What is the Difference in Penalties Between a DUI & a Commercial Driver’s License DUI?

A conviction for drunk driving is serious anyway you look at it. Unfortunately for individuals with a commercial driver’s license (CDL), a DUI conviction can be infinitely more devastating. Hundreds of individuals are arrested for drunk driving in Florida each year and penalties are severe to deter offenders from committing the same crime twice.

It is helpful to understand the difference between a regular DUI and a commercial driver’s license DUI. Although similar, the penalties can have different effects depending on the individual who is convicted.

What penalties could I face for a regular DUI?

Drivers with a regular license can be arrested for drunk driving if their blood alcohol content (BAC) is at or above 0.08 percent. Police officers can test BAC by administering a breath, blood, or urine test. Every person is different, so it is difficult to say how many drinks will put you over the legal limit.

If convicted of a first-offense DUI, you could face the following penalties:

• Up to nine months in jail
• Up to $1,000 in fines
• License suspension for up to one year
• Mandatory interlock ignition device
• And, more

Refusing to take a chemical test can result in additional penalties. Drivers may lose their license automatically for one year for a first-offense and up to 18 months for a second or third.

What penalties could I face for a CDL-DUI?

Individuals with a commercial driver’s license who are operating a commercial motor vehicle can be charged with DUI if they have a BAC of 0.04 percent or higher..

Convicted offenders will have their CDL suspended and be banned from operating a commercial vehicle for at least one year, in addition to regular DUI penalties. They are also unable to apply for a hardship CDL license. When the driver becomes eligible again, they are required to pay a reinstatement fee before gaining the ability to drive.

DUI penalties for both regular drivers and commercial drivers cannot be ignored. If you possess a CDL and are facing a DUI conviction, don’t take any chances! Contact my firm to speak with a Miami DUI lawyer for CDL with more than 30 years of experience! 

3rd DUI in Miami

A recent study performed by Mothers Against Drunk Driving (MADD) estimated that in one year alone, over 100,000 third time DUI offenders were convicted in the state of Florida. This high number, and the accidents associated with it, have given law enforcement cause to enforce strict penalties.

One of the biggest advantages you can give yourself is to retain a defense lawyer for third DUIs in Miami. Individuals who feel qualified to represent themselves often wind up regretting their decision in the end.

How does the state punish third time offenders?

While all the usual penalties apply, such as jail, fines, license suspension, they are exponentially more severe when it is your third offense. Florida law requires that the courts assign unique penalties based on whether the offense occurred within 10 years of a previous conviction or outside of that timeframe.

If there is a conviction within the last 10 years on your record, you could be charged with a third degree felony resulting in up to five years in prison. Regardless, you will be required to serve a mandatory sentence of at least 30 days in jail.

Fines range from $2,000 to $5,000 and your driver’s license can be revoked for at least 10 years. After becoming eligible to drive again, the state also requires that you install an ignition interlock device for two years following.

A third DUI offense that occurs without any convictions in the last 10 years can result in up to one year in jail, up to $2,500 in fines, and the installation of an ignition interlock device for two years.

Can a lawyer help me handle my third DUI?

Hiring a skilled attorney is always better than going without representation. The cost of doing so is far outweighed by the benefits of having an advocate on your side. As the founder of my firm, I believe in giving my clients the level of defense I would want if I were in their shoes.
I have been awarded for my ability to achieve the outcomes my clients need, even when the situation looks hopeless. If you fear that your third DUI offense will destroy your future, contact my firm today. I am eager to turn your case around for the better! 

Florida DUI Penalties

For people convicted of a DUI in Florida, the penalties may be far more severe than you think. This is true whether the conviction is for a first-time DUI or for multiple DUI convictions. Florida Department of Highway Safety and Motor Vehicles data shows that there were more than 30,000 DUI convictions during 2011, the result of more than 55,722 citations for DUI. Understanding the potential penalties of a conviction is important if you are charged with DUI.

First Convictions Are Still Devastating

The penalties for a first DUI conviction are very severe and have serious financial consequences. The overall cost of a first DUI conviction can be as much as $8,000 when you combine fines, legal costs and administrative costs. A Miami DUI Lawyer can help.

A typical first DUI conviction can result in:

·         Fines – You may be expected to pay fines of a minimum of $500 for a first conviction.

·         Community Service – Sentencing includes community service requirements of at least 50 hours.

·         Probation – A DUI conviction will result in probation of up to one year.

·         Jail – A court may order a county jail term of up to six months for a first conviction.

·         License Suspension – A first DUI conviction will result in a suspension of driving privileges for at least 180 days.

·         Substance Abuse Classes – A DUI conviction will require you to take a 12 hour DUI course, and counseling, if required by an evaluation.

·        Ignition Interlock Device – A judge may order an interlock device for a first DUI conviction.

In addition to these penalties, chances are a conviction will also result in an increased auto insurance. This increased rate will likely remain on your insurance for at least one year and as much as three, which means this particular consequence will be an ongoing expense. If you lose your driver's license, you may also be facing problems with your employment, if driving was a necessary part of your job.

When you are arrested for a DUI in Miami, it is important that you contact a DUI attorney in Miami Florida for assistance. An attorney can help you mount a successful defense and avoid facing harsh penalties.

Miami DUI Attorney Jonathan Blecher has over 30 years of experience representing clients in DUI cases with positive results. Call our office or sendus an email to schedule a free, no obligation consultation.

Lower Blood Alcohol Limits For Younger Drivers

The legal drinking age in the state of Florida is 21, so anyone under 21 may face charges of being a minor in possession of alcohol. In addition, if they are charged with driving under the influence, they may face serious consequences and additional charges.  While blood alcohol levels are set at .08 for most drivers to have their license suspended by FLDHSMV, the level set for drivers under the age of 21 is .02.

Blood alcohol levels

A DUI conviction for those under age 21, or at any age, will result in license suspension.  Additionally, if a driver under 21 has a blood alcohol level higher than .02 their license will be suspended for six months. Unfortunately, if a driver under 21 has a blood alcohol level that exceeds .08 they may also be facing jail time, steep fines and suspension of their license until they reach the age of 21.

Multiple convictions

When a driver under the age of 21 is convicted of more than one DUI they will face a minimum 12 month suspension of driving privileges. They may also face jail time of up to 12 months and fines of up to $4,000.

Possible additional charges

If a teen driver is stopped and is suspected of being under the influence, they may face other charges in addition to DUI.

• Distribution charges - if there were other minors in the vehicle who also consumed alcohol the driver may be charged with distributing alcohol to a minor
• Possession charges - the driver who is facing a DUI arrest may be charged with underage possession of alcohol
• Child Endangerment - drivers under 21 who have a blood alcohol level over .02 may face child endangerment violations.

Driving after drinking is never a good idea and the penalties for a first time conviction are serious regardless of your age. However, drivers under the age of 21 may face more harsh penalties and may also find it difficult or impossible to maintain insurance since many insurers will cancel policies or refuse to renew polices for those under 21 who are convicted.

Contact Our Firm Today!

When someone under 21 is charged with a DUI it is imperative that a Miami DUI attorney is contacted immediately. Not only is this driver looking at potential long-term loss of driving rights but they may be facing other charges that will require the expertise of an attorney who understands Florida's DUI laws.

For over 30 years and over 3,000 DUI  and DUI-related cases, I have been defending otherwise good people charged with DUI and other serious offenses. Call our office for a free consultation at (305) 670-1800 or our mobile at (305) 321-3237. Visit us at www.duilaedefense.com.