Typically, the criminal justice system provides a level of tolerance for first-time offenders. Sometimes, depending upon the location and nature of a first-time DUI charge, it is possible for an accused individual to receive access to a diversion program, which results in a conviction for a crime other than D.U.I. For second-time D.U.I. offenders, however, the State affords little to no tolerance. Florida law already provides harsh penalties for first-time D.U.I. convictions. It only gets worse with a second conviction, which is why our Weston DUI attorney always works hard for you.
If an individual is convicted for a second-time of Driving Under the Influence, and the State proves that the individual was driving with a breath or blood-alcohol content of .15 or more--or if the State proves that the individual was driving with a minor in the vehicle--the individual will suffer enhanced D.U.I. penalties. Enhanced D.U.I. penalties for a second conviction include: the possibility of 12 months’ incarceration in county jail, 6-month driver’s license revocation, a minimum $2,000 fine (and a possible maximum fine of $4,000), the installation of an ignition interlock device on all vehicles owned or leased by the individual for a period of 1 year, probation for a period of 12 months, and the 10-day immobilization of the vehicle used in the D.U.I. (or any one vehicle owned or leased by the individual).
Individuals facing charges of a second D.U.I. will receive an automatic driver’s license suspension. The State only provides a 10-day window to challenge the suspension in an administrative hearing. The Law Office of Kevin F. Moot will prepare and file the appropriate paperwork to start the process of getting clients back on the road safely and legally.
Kevin F. Moot is a Broward County DUI lawyer with extensive litigation experience. As a former Palm Beach D.U.I. prosecutor, he understands the weaknesses, strengths, and strategies of the prosecution’s case. While allegations of a second D.U.I. are serious, the fact that an individual is facing a second allegation of D.U.I. is inadmissible in trial. What’s more, the mere fact that an individual is facing a second D.U.I. allegation doesn’t make the State’s case any stronger or weaker.
Weston criminal defense attorney Kevin F. Moot takes a goal-oriented and multifaceted approach to D.U.I. defense. The Law Office of Kevin F. Moot will thoroughly investigate all allegations of driving while impaired. This process begins with a study of the facts and the law surrounding the initial police stop, as well as the procedures followed by law enforcement. Attorney Kevin F. Moot will pursue every avenue to limit the prosecution’s evidence, from investigating whether the police impermissibly compelled field sobriety exercises or made an unlawful traffic stop, to whether the police inadequately maintained their breath testing equipment.
Contact Kevin F. Moot now at (954) 371-0770 for a free consultation to discuss how best to defend your case.