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.
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
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.
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.
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.
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