Reader’s Question:

This could be the eeriest chapter in my Mom’s life. After partying with her friends she hasn’t seen for so long, she was caught drunk driving and was charged with DUI here in Palm Beach County, Florida. What are the consequences that she is facing now that are associated with her DUI charge?

Luisa

Palm Beach, FL

On a first DUI conviction as stated in the State Attorney’s Office in the 15th Judicial Circuit (Palm Beach County), your mom can be punished by up to 6 months of jail. The offer is normally 12 months of probation and she gets the privilege of paying for her own cost of supervision. She must attend the DUI School that she has to pay also. DUI School for first offense is typically 12 hours long. Her driver’s license will be suspended for a minimum of 6 months and a maximum of 12 months. She can obtain a business permit, though. She would to attend the Victim Impact Panel (VIP). This is run by Mothers Against Drunk Driving (MADD) which lectures on the horrors of drinking and driving. The VIP is two hours long. She would also also have to perform a minimum of 50 hours of community service at a non-profit agency. Vehicle immobilization is for 10 days. She would also have to pay fines and court costs of $500.

Your mom, of course, can reject it and proceed to trial. Most often, the judge would not greatly enhance a sentence for a first time DUI offender who took a chance on trial and lost, but not all judges are the same. Don’t expect the judges to sentence as lightly as the judges in Palm Beach County.

Reader’s Question:

I totally understand that I am facing a serious problem right now. I promised myself, or I think I did, that I would never get arrested again. Yet, I got charged with my second DUI in Palm Beach County, Florida in five years. What are the consequences that I am facing with my second arrest?

Jennifer

Palm Beach, FL

If your second Palm Beach County, Florida DUI arrest occurred while you are still on probation for the first DUI, you violated your probation so that means the judge will put you in jail. If you are no longer in probation, you are still entitled to the administrative hearing at the Bureau of Administrative Review and to a permit while awaiting your hearing. You get your regular license back pending the outcome of the criminal case if you prevail at the administrative hearing. Your license is gone for 12 -18 months and you are not able to get a work permit if at the administrative hearing.

You may serve prison term for nine months in the county jail, a mandatory minimum jail sentence of 10 days as part of a second DUI sentence. In addition, the court costs and fines are greatly enhanced. You would also have to attend the advanced DUI School. The vehicle immobilization is for 30 days. You would also have 75-100 hours of community service. The license revocation is for five years and you can’t get a permit for the first year. To make sure you comply with the foregoing special conditions, you will be on probation for 12 months. After your probation, you would also have to install an ignition interlock device on your vehicle or any vehicle you have access to. That is a requirement that must be met before you can ever get any form of license again.

This information is only if you are found guilty. Of course, you are entitled to a trial. An experienced Palm Beach County, Florida DUI attorney would be of much help to you.

Reader’s Question:

My son was charged with DUI here in Palm Beach County, Florida. A lot of people are advising him to just plead guilty and he is very much considering it. He hasn’t talked to his DUI lawyer about it. Just in case, he pleads guilty, what are the things that he should remember if he will be under probation?

Lana

Palm Beach, FL

If your son is considering on pleading guilty on his DUI charge in Palm Beach County, Florida, he should arrive in court early. There are several documents that his Florida DUI lawyer needs to go over with him. One is the waiver of rights form that essentially says that he does not wish to go to trial and that he is taking a plea. By taking the plea, he gives up his right to testify, his right to have the state prove his guilt beyond a reasonable doubt, his right to cross-examine witnesses, his right to have a jury hear the case. Your son and his DUI lawyer will sign this document.

The other document would be the “plea in the county court”. This document contains the information that your son is pleading guilty to DUI and perhaps other charges. It would also be in the “plea sheet” if a charge is being dismissed. The “plea sheet” also contains his special conditions of probation such as how many months he will be on probation (usually 12 maybe with early termination after 6, if a first time offender), the fines and court costs ($250 fines), the DUI school, the victim impact panel, community service hours (usually 50 on a first DUI conviction), vehicle immobilization (10 days on a first DUI conviction). The state of Florida would also include a provision that you not drink nor possess alcohol while on probation. Your son and his DUI lawyer will sign this document, so will the assistant state attorney and the judge. The judge would also sign an immobilization order on that day.

The court would go over the information and place your son on probation. He would immediately meet with a probation officer either in court or up on the 9th floor of the Palm Beach County Courthouse.