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QuestionInsurance Question  I received a DUI in Ft. Myers, Fl. and blew a .22. I understand I will have many fines to pay, but how likely is it I will go to jail for any longer time if it is my first offense and I am a senior in college?

AnswerAuto Insurance Answer

In the future, call a friend or call a taxi.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

The fine for a first DUI offense is not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000. 

Other penalties for a first time conviction of a driving under the influence (DUI) may include:

  • Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required. 
  • Minimum 180 days revocation of driver's license, maximum 1 year.
  • Imprisonment of not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months. 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, total period of probation and incarceration may not exceed 1 year.
  • Impound car for 10 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

If you caused property damage or personal injury to another while driving under the influence you would be guilty of a First Degree Misdemeanor (penalties include either a not more than $1,000 fine or 1-year imprisonment).

If you caused serious bodily injury while driving under the influence you would be guilty of a Third Degree Felony (penalty of not more than $5,000 fine and/or 5 years imprisonment).

So there is the possibility that imprisonment may be one of the penalties handed down to you from the court, especially since you blew over .20. Because of the seriousness of this offense you may want to seek legal counsel for your Florida court date.

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