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.

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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

Answers:

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

Answered 12 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.


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