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DUI » DUI Penalties » Mandatory Minimum Penalties

Mandatory Minimum Penalties

In some cases, a DUI conviction may result in the enforcement of mandatory minimum penalties. These most often apply when a driver has one or more prior DUI convictions on his or her record. In the case of a second, third or subsequent drunk driving conviction, the defendant may face a mandatory minimum amount of time in jail. By "mandatory minimum" this means that this time must be served. It cannot be waived for community service.

The defendant cannot spend that time on probation instead of behind bars. Mandatory penalties are enforced as one of the ways that the government works to discourage drunk driving, particularly those committed by repeat offenders. The following are some of the mandatory minimum penalties that may be enforced for a conviction in Florida (these may vary depending on the specific case; this information is meant to act as a guideline only):

  • Second Conviction Within 5 Years:
    • Mandatory minimum of 10 days in jail. 48 hours of this sentence must be consecutive.
  • Third Conviction Within 10 Years:
    • Mandatory minimum of 30 days. At least 48 hours of confinement must be consecutive.

Additionally, there are minimum fines that may be imposed for conviction. 50 hours of community service is also mandatory for a first conviction, or an additional fine of $10 per hour of community service.

Thomas & Paulk: Avoiding Harsh Penalties

The mandatory minimum penalties that may be enforced for a DUI conviction can have a serious impact on a defendant's life. If you would like to discuss your options in fighting your drunk driving charges to avoid such penalties, now is the time to contact Thomas & Paulk. Our skilled attorneys represent drivers throughout the Tampa area and across South Florida, using our knowledge of this particular area of criminal defense to provide an unparalleled quality of service and aggressive counsel that makes all the difference.

Even in the face of "failed" breath tests or what an officer may have considered "poor performance" on field sobriety tests, our lawyers have been able to challenge test results and an officer's testimony to help our client seek a positive case result. Instead of facing a mandatory minimum of 10 or 30 days in jail (or even more for a fourth DUI conviction) take this opportunity to talk to our law office about your case and concerns. Not only is your initial consultation free, but it is strictly confidential.

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