Reader’s Question:

Hi, I’m taking time in studying DUI as it is required in my schooling here in Palm Beach, Florida. My question is very simple, if a person will be convicted for DUI, how long would the mandatory jail time be?

Beverly

Palm Beach, FL

If a person, for example, who lives in Palm Beach, Florida, has more than one DUI conviction on his/her record, he/she faces mandatory jail time. In the state of Florida, one faces a minimum of 10 days serving in jail if he/she is convicted of two DUI’s within five years. If the person is convicted of three DUI’s within 10 years, he/she could face a minimum of 30 days in jail. Furthermore, a third DUI could result in the charges being upgraded to a felony. But let me just tell you, of course, that a good DUI lawyer could negotiate to keep the case a misdemeanor even if the defendant has more than two prior DUI convictions.

Several times, the prosecution and/or judge would require a person charged with a third DUI or more to serve a significant amount of time in jail. Prosecutors and most judges are willing to allow a person facing serious jail time to serve their sentence in an alcohol rehabilitation center in lieu of jail.

Tags: DUI, DUI lawyer, DUI penalties