Can you go to jail in Florida because of DUI? There was an accident with damage to property, but nobody got hurt.

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Have never been in trouble with the law.

Attorney Answers

9
Julia Simmons ·
Being arrested for a DUI is a crime. For all crimes, jail time is ALWAYS a possibility. Contact a local DUI lawyer for a free consultation.
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Christopher Tucker ·
For any criminal matter, jail time is always a possibility so speak with a local qualified DUI lawyer in your area.
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Tara Elizabeth FaenzaEmployment / Labor AttorneyMiami Beach, FL ·
Yes. Not normally on a pre trial plea for a first DUI, but it depends upon the case. A DUI is very serious, suggest hiring an attorney to explore all possible options to avoid a conviction. DUI property damage or serious injury are different charges. "No harm no foul" does not apply to DUI charges. An accident is not an element of the crime. Crazy driving isn't an element to the crime. If you've been charged with a DUI, utilize the services of an attorney who can help you. I can tell you in Miami Dade county, if you go to trial and lose, I've never seen a judge not sentence someone to jail, even a first DUI. When you say "have never been in trouble" - it suggests that you have better options. Good luck to you; use the tools to find the best attorney for you!
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Brett Metcalf ·
DUI with property damage is punishable by up to 1 year in the county jail. That doesn't mean you will end up serving any jail time. In fact, most first time offenders avoid a jail sentence. Still, take this matter seriously and hire the best DUI lawyer you can find.
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Jordan Redavid ·
With no prior arrests or convictions, most jurisdictions will consider offering a pre-trial diversion program. However, with an accident or damage to person/property involved, that could be off the table--at least initially. It's a first-degree misdemeanor as charged; meaning, the worst case scenario is 364 days in jail upon conviction. However, with no priors, you may not even be looking at any jail via plea, or minimal (~10 days) upon conviction. DUIs are trickly, though. There are a lot of nuances in the law and many procedural challenges that can be raised on your behalf. Contact one of the local DUI defense lawyers. Let them handle this.
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Ken Eulo ·
There's a legal answer and a real-world answer. Legally YES, the maximums for DUI are higher than you'd expect. REAL-WORLD= highly unlikely that you ever go to jail unless you violate the probation that will likely be offered to you. The only possible thing that could make you go to jail is if you have a long string of DUIs, or multiple DUIs, or some really nasty judge/state who were somehow wronged by DUIs in their life. I really see this being a pretty straight forward probation offer unless there is something you are leaving out. Obviously consult an attorney and go over your options.
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Nathan Ross ·
There are many people who have been in your situation; first time in trouble with the law and facing a DUI charge. DUI is rarely a crime people intend to commit, its generally a sign of poor judgment more than anything else. Unfortunately, it is a crime that society has demonized and courts have stripped people of their constitutional rights in the interest of public safety. In this state, there are many mandatory penalties upon conviction that will cost you more than a weekend in jail ever will. Just because you are charged with DUI doesn't mean you are guilty of DUI. You need to hire an effective DUI attorney to review your case and fight any legal battles you may have available. I hope this was helpful. Good luck.
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Alberto Quirantes ·
As you can see, there are many different opinions as to what could happen in your case. Only an experienced Broward County attorney that handles DUI cases here frequently can tell you for sure what the possible outcomes are on your case, after carefully reviewing the evidence and discovery in your case. The truth is even as a first offender, and your scenario, you're facing up to nine months in jail. There is no diversion program available for DUIs in Broward County, in fact, Broward is a very tough jurisdiction to be faced with a DUI in. I have been practicing in Broward County for over 27 years handling DUIs and I can tell you, it is like pulling teeth to get a DUI reduced in Broward County. By taking an aggressive approach, which assumes you are innocent until proven otherwise, taking every deposition, filing every motion to dismiss and or exclude evidence and taking your case all the way to trial, a tireless and experienced DUI advocate will be able to obtain the best results on your case. Don't go to court without an attorney, especially on a Broward County DUI case. I hope this advice helps you.
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