FL DUI -- outcomes and impact on ownership/ possesion?

[Amish_Bill]

Given:

FL resident - First Offense DUI
Probation - lots of fines, lawyers fees, etc.
(sorry only have limited details)

Query:

What ways would this likely have progressed through the FL legal system?

What impact on gun possesion, ownership, or purchase would the various ways this could have played out have?

 

[Hkmp5sd]

First offense is a maximum of $500 fine and 6 months in jail. A plea and probation is common. It is not a felony, so it should have no effect on firearm ownership. A 4th DUI conviction is considered a 3rd degree felony. Hopefully the driver will not get that far into the system.

 

[Amish_Bill]

Heck - I can afford that!
;-)

No, seriously, thanks for the info. I'm trying to find out if, legally, I need to worry about someone having temporary controll or possesion of my firearms.

Do you happen to have the list of what they consider 2'nd and 3'rd offenses? I need to verify that this was a first offense....


Thanks.

 

[Skeptic]

Hummmmm.

One way to avoid a DUI is to not drink and drive.

Even one and getting behind the wheel is grounds for getting thrown into the slammer in DC.

It's just not worth it.

 

[Hkmp5sd]

316.193 Driving under the influence; penalties.--

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:

1. By a fine of:

a. Not less than $250 or more than $500 for a first conviction.

b. Not less than $500 or more than $1,000 for a second conviction; and

2. By imprisonment for:

a. Not more than 6 months for a first conviction.

b. Not more than 9 months for a second conviction.

3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

(b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $1,000 or more than $2,500 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $1,000.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0316/ch0316.htm

 

[Amish_Bill]

HK - Perfect. Thanks.

Skeptic - show me where I'm asking how to avoid a DUI and I'll buy you a beer.

 

[Leatherneck]

Soul-bearing time. I was convicted of DWI in Virginia in about 1983--can't remember exactly. It caused me to do a soul-searching analysis of my habits and I have not driven with a drop of alcohol since. I have not stopped drinking, but I will not get behind the wheel with any booze under my belt.

Our going-out-for-dinner has decreased considerably.

After the DWI, the county cops told me that a long-ago DWI conviction was not a deterrent in VIRGINIA to a CCW permit, and it was not.

Your mileage may vary. Please reconsider your drink-then-drive habits.

TC

 

[Amish_Bill]

I appreciate your sentiments and your challenges Leatherneck, but I do wish that people would notice the little GA next to my name and note that the question deals with FL.

Thanks.

 

[Skeptic]

Ok... but what kind of beer? I dont drink any cheap stuff.....

Just busting your stones..... lighten up

 

[Amish_Bill]

Ok... but what kind of beer? I dont drink any cheap stuff.....

Just busting your stones..... lighten up

Well, personally, I go for Guiness most days, but I never try to assume others have any semblence of taste of couth.

 

[hot head]

dui

If you get put on probation in Illinois, part of probation is that you can not possess a firearm. after your probation you are able to have or possess a firearm if you don't mess up while you are still actively on probation. a dui offense is just a class A ..

 

[ingram]

DONT DRINK AND DRIVE!

It's that simple really..... Unless your on your own property, then I could care less if you crash into tree. (The tree hugger up in that tree may have a different opinion.)

But seriously, a good Highschool buddy of mine was killed by a drunk driver, bad mojo, just can't control some people.

 

[Amish_Bill]

ingram -- I feel for your loss, but this has what to do with FL DUI laws and firearms ownership?

 

[R-Tex12]

Hummmmm.

Even one and getting behind the wheel is grounds for getting thrown into the slammer in DC.

It's just not worth it.

No kidding? Do they use a specific BAC to enforce that, Skeptic? Seems as though it'd have to be .04 or less.

 

[WT]

Was the defendant drinking, driving AND CARRYING A FIREARM?

Just wondering.

 

[Molon Labe]

IANAL, but it is my understanding that (in general) a DUI conviction will not prohibit someone from buying, selling, or possessing a firearm. But there are a couple exceptions, both of which have been mentioned:

1. In many states, you are not allowed to buy, sell, or possess a firearm when you are on probation.

2. Depending on state law, a DUI under the "right" circumstance might be a felony (e.g. your fourth DUI).

It should also be mentioned that there are certain misdemeanor convictions that will be prohibit a person from buying, selling, or possessing a firearm. There's a federal law that prohibits a person who has been convicted of domestic violence to buy, sell, or possess a firearm. Some states also have misdemeanor firearms prohibition laws. In Ohio, for example, you cannot buy, sell, or possess a firearm if you have been convicted of any drug offense.

 

[beerslurpy]

DONT DRINK AND DRIVE!

It's that simple really..... Unless your on your own property, then I could care less if you crash into tree. (The tree hugger up in that tree may have a different opinion.)

But seriously, a good Highschool buddy of mine was killed by a drunk driver, bad mojo, just can't control some people.

Newsflash: "Driving or while in physical control of the vehicle" applies to people sleeping off the intoxication in the back seat (which I have done on occaision, for both booze and general tiredness). If anything, this discourages people from sleeping it off because that will draw attention from the dudely do-rights who (for lack of real crime to fight) go around writing tickets when using their discretion to not write the ticket would have been better. The problem is that the law needs to be changed and the cops lobby heavily to avoid these changes because they like the broad language that gives them more bargaining power (and thus more revenue in the long run).

They should have just said "operating a motor vehicle" rather than driving or physical control. I think the intent was to prevent drunk men from putting a kid in the driver's seat and then working the wheel from the passenger side. Or maybe stop people from getting out of it by pulling over to the side of the road before a roadblock (oh wait, there's another problem!).

 

[Amish_Bill]

Newsflash: "Driving or while in physical control of the vehicle" applies to people sleeping off the intoxication in the back seat.

I've heard that the answer to this is to put your keys outside the vehicle. (dumped out the window, on top of the tire, etc.) You might be in it, but you are no longer capable of causing any movement of said vehicle.

Of course, that assumes that an over-zealous official isn't bent on dragging your butt through the ringer.

 

[beerslurpy]

Actually I know some deputies (from counties south of here) and while most of them are reasonable about only arresting people who are actually drunk + driving (wow crazy), there are some that will turn regular stops for fixit or speeding into breathalyzer witch hunts. This results in people getting charged with DUIs for blowing .04, things like that. The other cops dont approve of it, but they also dont do anything about it. Thin blue line and all. I didnt come across the story looking for DUI information, it just came up as a rant about particular cop that was doing this.

They dont seem to be aware of how this affects the public's perception of them rather than just the few bad apples that make peoples' lives miserable.