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Arrested at 18 for Dui.

Largo, FL |

My son was arrested for Dui. He's 18. He did not blow, but did do the field test. His first offense . What could he possibly be facing?

Attorney Answers 5

Posted

First, there is only a very small likelihood he will go to jail, so long as no one was hurt. He could get up to 6 months in jail, 1 year probation, $1000 fine, DUI school, 50 hrs community service, and 6 months loss of DL, plus the car could be impounded for 10 days. Except for the jail and fine, these are minimums. The minimum fine is $500.

Having said that, you need to seek out very competent legal counsel and get some counseling for your son. Your son may have many defenses and may be able to avoid a conviction. As to the counseling, he is young and has, hopefully, a long life ahead of him. If he continues to drink or engage in other inappropriate behavior, it will not be a happy life, as he could spend a lot of it in government apartments with bars on the windows and doors. Good luck.

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Posted

Up to 12 months supervised probation, An adjudication of guilt (which means he has a permanent criminal record, DUI School level 1, Alcohol evaluation and any recommended treatment, Victim's Awareness Program, $500 - $1,000 fine, 10 day vehicle impound or immobilization, 50 hours of community service, 6 month - 12 month Driver's license suspension, court costs. These are the mandatory penalties if convicted. Non-mandatory but optional penalties include up to 180 days in jail, and the installation of an ignition interlock device on his vehicle. He will also have an administrative suspension of his driver's license from the DMV. An experience local DUI defense attorney can help him in both the criminal and administrative cases. You should call and speak with several local attorneys and pick one you feel confident will fight for your son. Good Luck.

Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney knowledgable about the Judges and prosecutors near you. You should consult a local lawyer for legal advice. Www.orlandocriminalteam.com Www.orlandoduiteam.com Www.orlandoduilawfirm.com Www.flduilawfirm.com Www.orlandodivorceteam.com

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3 comments

Asker

Posted

He was driving a friends car . never been in trouble before . he was told to plead no contest. He does have a job. and does not own a car. Does he need a public defender.

David S Katz

David S Katz

Posted

He needs a lawyer who will fight for him, not one recommended to roll over and take it. DUIs are very complex cases with many avenues to attack. It is very rare that a first offender should just accept a deal and plea. Find a good local attorney to review the facts and advise him based on the facts of his case.

Amir A. Ladan

Amir A. Ladan

Posted

My colleague is spot on in his recommendation. Conservative estimates put the actual cost of a 1st offense DUI at roughly $15,000.00 over the offender's lifetime, as insurance will be incredibly expensive for the next several years, not to mention the costs associated witih the sanctions requried by statute. Additionally, a PD won't handle the DMV aspect of his case, so he'll end up losing his license administratively for a year if he doesn't move quickly to request a Formal Review Hearing.

Posted

DUI's carry mandatory sanctions if your son is convicted or pleas to a DUI. By statute, the minimum the Court would : Adjudicate him guilty (which will give him a criminal record for the rest of his life without the possibility of expunging it), 12 months of supervised probation, $500.00 fine plus court cost, DUI Counter Attack School, Victim Awareness Program, 50 hours of community service, 10 day vehicle impound and 6 months driver license suspension. This is the bare minimum the Court can do. You son could also be sentenced up to 6 months in county jail, but usually on a first time DUI as long as there is nothing egregious about it, there is no jail time.
Also your son could lose his drivers license for 12 months through the Department of Highway Safety and Motor Vehicles. Your son needs to consult with a DUI attorney, as he is facing lifelong consequences if convicted. Furthermore a DUI attorney can fight to try and keep DHSMV from suspending his license. Please keep in mind for DHSMV purposes your son only has 10 days from the date of arrest to request a formal review hearing to contest his license being suspended for one year. If he does not request it within those ten days, DHSMV will automatically suspend his driver license for one year.

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Posted

You've gotten some good advice from the attorneys on this site. Please give me a call if you'd like to discuss your options. My office is nearby and I can help.

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Posted

As four fine Florida lawyers have told you, he is facing relatively severe penalties, if he is convicted. It will depend on all the facts.

He needs a good DUI / OWI / DWI / drunk driving defense lawyer, now.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
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--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
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--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
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--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
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--- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
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--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
http://addbalance.com/duitendaywarning.htm

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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

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Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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