DUI with a Minor in the Vehicle

 

A DUI with a person under the age of 18 in the vehicle will allow the prosecutor to charge the defendant with an enhanced DUI. An enhanced DUI carries more severe penalties than a regular DUI. Additionally, only the instant offense is required to make a DUI enhanced. For example, a person convicted of one DUI who gets arrested for a second DUI with a person under the age of 18 in the vehicle, can be charged with Enhanced DUI 2nd offense.
 

Enhanced DUI 1st Offense Penalties

  • Jail: Minimum 0 days to a Maximum of 270 days in county jail
  • Probation: Minimum 6 months to a maximum of 12 months.
  • Fine: $1,000 to $2,000
  • Driver’s License Suspension: Minimum 6 months to a Maximum of 12 months
  • Community Service: 50 hours
  • DUI School: Level 1
  • Vehicle Impoundment: 10 days on the vehicle the defendant operated or was in actual physical control of or owns.
  • Ignition Interlock Device: At least 6 months

Compared to a regular 1st DUI, a 1st offense enhanced DUI increases the minimum and maximum fine and imposes a mandatory ignition interlock device period.
 

Enhanced DUI 2nd Offense within Five Years Penalties

  • Jail: Minimum 10 days to a Maximum of 1 year in the county jail
  • Probation: Maximum of 12 months
  • Fine: $2,000 to $4,000
  • Driver’s License Suspension: Minimum of 5 years
  • Community Service: Not mandatory
  • DUI School: Level 2
  • Vehicle Impoundment: 30 days on all vehicles owned by the defendant
  • Ignition Interlock Device: At least 2 years

Compared to a regular 2nd DUI within 5 years, an Enhanced DUI 2nd within 5 years increases the minimum and maximum fine, and increases the time period for the ignition interlock device.

Enhanced DUI 2nd Offense Outside of Five Years Penalties

  • Jail: Minimum of 0 days to a Maximum of 1 year in the county jail.
  • Probation: Maximum of 12 months.
  • Fine: $2,000 to $4,000
  • Driver’s License Suspension: Minimum 6 months to a Maximum of 12 months.
  • Community Service: Not mandatory
  • DUI School: Level 2
  • Vehicle Impoundment: 10 days on all vehicles owned by the defendant.
  • Ignition Interlock Device: At least 2 years

Compared to a regular 2nd DUI outside of 5 years, an Enhanced DUI 2nd outside of 5 years increases the minimum and maximum fine, and increases the time period for the ignition interlocked device.

Enhanced DUI 3rd Offense within Ten Years of a Second DUI Conviction Penalties

  • Jail/Prison: Minimum of 30 days in county jail to a Maximum of 5 years in state prison. Third degree felony.
  • Probation: Maximum of 5 years.
  • Fine: $4,000 to $5,000
  • Driver’s License Suspension: Minimum of 10 years
  • Community Service: Not mandatory
  • DUI School: Level 2
  • Vehicle Impoundment: 90 days on all vehicles owned by the defendant
  • Ignition Interlock Device: At least 2 years

Compared to a regular DUI within 10 years, an Enhanced DUI within 10 years increases the minimum and maximum fine. Additionally, the conviction date for the first DUI does not matter. For example, a person convicted of one DUI in 1985 and a second DUI in 2008, who is arrested for third DUI in 2014 can be charged with a 3rd DUI within 10 years. 
 

Enhanced DUI 3rd Offense Outside of Ten Years of a Second DUI Conviction Penalties

  • Jail: Minimum of 30 days in county jail to a Maximum of 1 year in county jail.
  • Probation: Maximum of 1 year.
  • Fine: $4,000 to $5,000
  • Driver’s License Suspension: Maximum of 12 months.
  • Community Service: Not mandatory
  • DUI School: Level 2
  • Vehicle Impoundment: 10 days on all vehicles owned by the defendant
  • Ignition Interlock Device: At least 2 years

Compared to a regular DUI 3rd outside of 10 years, an Enhanced DUI 3rd outside of 10 years increases the minimum and maximum fine. Additionally, the conviction date for the first DUI does not matter. For example, a person convicted of one DUI in 1985 and a second DUI in 2008, who is arrested for third DUI in 2014 can be charged with a 3rd DUI within 10 years.

Enhanced DUI 4th Offense Outside of 10 years of a Third DUI Conviction Penalties

  • Jail/Prison: Minimum 0 days to a Maximum of 5 years in prison. Third degree felony
  • Probation: Maximum of 5 years
  • Fine: $4,000 to $5,000
  • Driver’s License Suspension: Permanent
  • Community Service: Not mandatory
  • DUI School: Level 2
  • Vehicle Impoundment: 10 days on all vehicles owned by the defendant
  • Ignition Interlock Device: At least 2 years

Compared to a regular DUI 4th outside of 10 years, an Enhanced DUI 4th outside of 10 years increases the minimum and maximum fine. Additionally, the conviction dates for the first or second DUI does not matter. The third DUI conviction must be outside of 10 years from the 4th DUI arrest date.

Enhanced DUI 4th Offense Within Ten Years of a Third DUI Conviction Penalties

  • Jail/Prison: Minimum 30 days in county jail to a Maximum of 5 years in prison. Third degree felony
  • Probation: Maximum of 5 years
  • Fine: $4,000 to $5,000
  • Driver’s License Suspension: Permanent
  • Community Service: Not mandatory
  • DUI School: Level 2
  • Vehicle Impoundment: 90 days on all vehicles owned by the defendant
  • Ignition Interlock Device: At least 2 years

Compared to a regular DUI 4th within 10 years, an Enhanced DUI 4th within 10 years increases the minimum and maximum fine, and increases the amount of time for the vehicle impoundment. Additionally, the conviction dates for the first or second DUI does not matter. The third DUI conviction must be within 10 years from the 4th DUI arrest date.

If you have been charged with any DUI, please do not hesitate to contact a
Palm Beach criminal defensel awyer at Bottari & Doyle for a free case evaluation.