Law Office of Matthew Konecky - November 2021

FIRST-TIME DUI OFFENDER Will I Go to Jail?

Driving under the influence (DUI) is an offense under Florida law that is proven by impairment of unlawful blood alcohol or breath alcohol levels of .08 or higher. A DUI, (driving while intoxicated) DWI, or even a refusal to provide a breath or blood test sample are all serious charges and can even lead to jail time.

possible alternatives to jail can include DUI diversion programs. These programs often involve:

Various types of community service work done in exchange for credit toward a jail sentence

Will I serve jail time for my DUI/DWI?

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An electronic monitoring program

Drug or alcohol treatment

Serving jail time for getting a DUI or DWI entirely depends on the case but is not mandatory on a first offense. However, DUI laws in Florida are ever-changing and becoming increasingly stricter each year. If you were arrested for a second DUI within five years of your first arrest, you may be subjected to a mandatory 10 days in jail along with mandatory probation.

Second offense DUIs (within five years of the first) in Florida are not eligible for Florida DUI diversion programs, but a judge may still grant inpatient treatment in lieu of jail depending on the case.

While a first offense DUI can be looked at as a bad mistake (a one-time occurrence — especially with a clean record), this is not likely to happen with a second offense.

Keep in mind that, just like any other criminal offense in Florida, a DUI is a public record. Usually, a DUI charge is not eligible to be sealed and expunged unless it is reduced to a lesser charge. A dropped or not guilty finding is eligible to be expunged. To find out if you are eligible to have your case sealed and expunged, don’t hesitate to contact our office as soon as possible!

Are there alternatives to jail after getting a first-time DUI?

In Florida, the judge has sole discretion about ordering alternative sentences, which can count as a replacement toward jail time. Usually, these requests will only be granted if the DUI was a misdemeanor and/or nonviolent and the offender has no prior violent criminal record. Some

MEME CORNER

Cooking With Ashley

Easy Cranberry-Apple Salad

For the salad: • Ingredients

For the dressing: •

1/4 cup dried pumpkin seeds

1/4 cup olive oil

• •

5 cups salad mix

• • • •

1 1/2 tbsp apple cider vinegar

2 Granny Smith apples, chopped into bite-size pieces

1 1/2 tsp honey

1 tsp Dijon mustard

• •

1/3 cup dried cranberries

Salt and pepper to taste

1/3 cup goat cheese, crumbled

Directions

1. In a skillet over medium heat, toast the pumpkin seeds until fragrant, then set aside. 2. In a small jar or bowl, whisk together all dressing ingredients, then set aside. 3. Combine all salad ingredients in a large bowl. Drizzle with dressing until lightly coated, then toss and serve!

Inspired by CookieAndKate.com

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