Sentencing enhancements can substantially increase the punishment meted out in a Florida DUI / DWI conviction. Drivers who have a blood alcohol content (BAC) of .20 percent or greater face larger fines and longer jail sentences than motorists with a lower BAC. However, a Florida attorney skilled in defending drunk driving cases will develop a proven defense strategy to fight both the sentencing enhancement and the underlying charge of drunk driving.
The allegation that a driver accused of DUI / DWI had a BAC of .20 or greater can double the fine amount and expose the motorist to additional jail time. However, just like the drunk driving charge, the prosecutor must prove the sentence enhancement beyond a reasonable doubt.
A first- or second-offense drinking and driving conviction with a BAC of .20 percent or greater carries double the fine of a DUI / DWI offense where the motorist had a lower BAC. The driver also faces three additional months of jail time.
A driver with a BAC of .20 percent or greater facing a first-offense DUI / DWI charge can be sentenced to up to nine months in jail and a fine of $500 to $1,000. The driver also faces a six-month to one-year license suspension.
A second-offense drunk driver with a BAC of .20 percent or greater faces a fine of $1,000 to $2,000 plus up to 12 months in jail. A driver with a .20 percent or greater BAC who is convicted of a second DUI / DWI offense within five years will be required to serve a minimum of 10 days in jail.
A driver with a BAC of .20 percent or greater facing a third- or fourth-offense drinking and driving charge can be fined $2,500 to $5,000 and be sentenced to up to 12 months in jail.
Because the consequences of having a BAC of .20 or greater are so severe, anyone facing this serious allegation may want to consider a plea bargain if one is offered. In a negotiated plea agreement, the driver receives sentencing consideration or reduced charges in exchange for pleading guilty.
Because Florida drivers with a blood alcohol content of .20 percent or greater face harsher punishment, it’s important to have skilled legal representation. A Florida attorney experienced in defending DUI / DWI charges involving sentencing enhancements will aggressively defend both the sentencing enhancement and the underlying charge of drunk driving. |