Shane Eason is a faculty member of FAU’s School of Communication. He is available to discuss the dangers of driving under the influence to youth groups and schools in the South Florida region.
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June 2006 left an emotional and mental scar that is consistent and painful. I’m sure it will heal, but it will take a lot of time. Therefore, I’ll try to move through life more confident yet cautious.
As most readers of this column know, the car accident that involved another man and myself was terrible. He lost his life and I am still able to wander the streets. I try to be productive, just as I was prior to the accident, but I seem to have an inability to do that. Perhaps its stress, anxiety and depression rolled into one obtrusive disease that has the ability to go into remission and occasionally relapse. I’m not the same person I was prior to my run in with the law and the car accident, and I do not think I will ever be.
When faced with a DUI arrest or conviction in Florida, there are a number of fears and questions that arise. Will you have to serve jail time? If so, for how long? Is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DUI school or do community service? The questions go on.
The answers to these questions may vary depending on how many DUI’s a person has been previously convicted of and the extent of an accident, if there is one. Therefore, regarding the questions above, you will find the answers for first time DUI offenders over the age 21 with no prior convictions below.
Jail of no less than 6 months and no more than 9 months if BAC is 2.0 or higher or if a minor was in the vehicle; fines not less than $250 nor more than $500, and if the BAC is 2.0 or higher, or if a minor was in the vehicle, not less than $500 nor more than $1,000; license suspension of 180 days to 1 year; a driver must complete a traffic law & substance abuse program before any hardship reinstatement occurs; a driver must also complete a Level 1 DUI School that is 12 hours in duration; vehicle impoundment for 10 days; probation from 6 months to 1 year; community service of 50 hours minimum or additional fine of $10 for each hour of community service required.
As well, a DUI violation resulting in property damage is a misdemeanor of the 1st degree. Any DUI violation resulting in serious bodily injury to another is a 3rd degree felony. Any DUI violation that results in the death of another is DUI manslaughter, resulting in either a 1st or 2nd degree felony, depending on the circumstances.
Aside, before the State can find the defendant at fault or guilty of DUI manslaughter, the State must prove the following three elements beyond a reasonable doubt: One, the defendant operated a vehicle; two, the defendant by reason of such operation caused or contributed to the cause of death; and three, at the time of such operation, the defendant was under the influence of alcoholic beverages to the extent that his/her normal faculties were impaired or had a blood alcohol level above .08.
It’s obvious that Florida’s DUI statute is filled with heavy penalties and each year the penalties grow heavier. It makes a person think twice before getting into a vehicle after having a few drinks. Choosing to drive after consuming alcohol was a lapse in my judgment and I should have taken a $15 cab ride rather than risk 15 years of freedom. However I can’t wallow in the misery of the DUI conviction as it could have been much worse and I often thank my “lucky stars” that a felony charge was not pursued.
This column will continue monthly online throughout 2008.
