My daughter is on probation for a DUI in Nov 2008. She violated her probation with another DUI in May 09. What can happen to her.

UPDATED: May 30, 2009

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My daughter is on probation for a DUI in Nov 2008. She violated her probation with another DUI in May 09. What can happen to her.

How much jail time can she receive. How much probation. How long is a license suspended. Any possible out come appreciated. We live in Florida

Asked on May 30, 2009 under Criminal Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Generally, for second DUI conviction within 5 years there is a minimum license revocation for 5 years.  Although she may be eligible for a hardship reinstatement after 1 year.  Additionally she may face a fine of not less than $500 or more than $1,000;  with BAL of .20 or higher or a minor in the vehicle, not less than $1,000 or more than $2,000.

And last, and I'm sure the part that you are most concerned about, incarceration.  For a second DUI conviction she could serve up to 9 months.  With a BAC (blood alcohol level) of .20 or higher or minor in the vehicle it could be up 12 months.  However, since this is her second conviction within 5 years she will have to serve a mandatory imprisonment of at least 10 days; with at least 48 hours of confinement being consecutive.  At the court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward her term of imprisonment.

Since I don't know the specifics of her probation on the previous offense or the details of this offense, I'm not certain what she will actually face.  These charges however are quite serious and she should be represented by an attorney that specializes in DUI cases.  You need to contact one in your area immediately.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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