Is a first DUI conviction considered a criminal misdemeanor?
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Is a first DUI conviction considered a criminal misdemeanor?
Asked on May 9, 2013 under Criminal Law, Florida
Answers:
Mitchell Goldman / Law Offices of Cantwell and Goldman, P.A.
Answered 11 years ago | Contributor
A first time DUI conviction is a 2nd degree misdemeanor in the state of Florida, and it is punishable by up to 180 days in jail. Often, these cases can be resolved before reaching the trial stage. I would highly recommend that you seek assistance from an attorney for this matter in order to resolve it properly.
-Jay (Cantwell & Goldman, P.A.)
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
My research suggests that driving under the influence (of either alcohol or drugs) is considered to be a misdemeanor offense in the state of FL.
Additionally, a certain amount of alcohol is permitted for those 21 years old; the legal limit is a BAC of .08%. For a first offense, illegal levels of intoxication are divided into breath or blood alcohol limits above .08% and those above 1.5%. There is a zero tolerance policy for those drivers who are under 21 years of age.
Since a criminal ffense is involved, you really should consult with an experienced DUI attorney in the area in which your arrest took place. Many times a DUI charge can be pled down or even dismissed.
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