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Q:     What are the penalties for a first time DUI w/ a BAC >.015? Can i take the punishments without it staying on my records?  My goal us to be humble and take… Scroll down to read more!

Q:     What are the penalties for a first time DUI w/ a BAC >.015? Can i take the punishments without it staying on my records?  My goal us to be humble and take my licks,ideally as few as possible, I don’t think I can afford a lawyer, I have no prior violations of any kind, but I don’t want to intentionally ruin my life either.
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Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL

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Answered DUI convictions are permanent, non-sealable, non-expungable criminal entries which never go away (well, technically you can petition for a gubernatorial pardon / executive clemency or after 75 years pass then you can seal it).

That said the penalties for a 1st DUI w/ BAC >.15 are as follows: Fine – $500 to $1,000, 50 Hours of Community Service, Probation up to 1 Year, Imprisonment up to 6 Months, License Revocation for a minimum of 6 months, 12 hour DUI school, 10 Day Vehicle Impoundment, Alcohol Evaluation & Treatment if required and court costs.

Before you dig your hole, jump in it and bury yourself consider that you may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case. Frankly I do not know and the forum to find out is NOT on line; rather it is in the sanctity of attorney’s offices, where your statements are privileged and cannot be used against you. (As for your financial issues, until you start to look you will never know whether or not there are competent attorneys who will work with you on the issue of fees, and if not then there is always the possibility of being represented by the PD’s office).

The best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less

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Asker
Posted 23 minutes ago.
Clarification…are all those penalties guaranteed?
Michael Adam Haber
Michael Adam Haber, DUI / DWI Attorney – Miami, FL
Posted 7 minutes ago.
Not all. Some are mandatory (conviction, school, eval & treatment, 6 months probation, $500 fine, 50 CSH’s, 10 day vehicle impoundment and 6 month DL suspension are all non-negotiable) and some are discretionary (i.e. the Court can sentence you to more but not less, for example, jail time up to 6 months, 1 year probation, 1 year DL suspension, $1,000 fine, ignition interlock, etc).

On the other hand if you manage to beat your case (whether on the law, on the facts or even by sheer luck) then there are no penalties.

Be an optimist… the glass is half full.

Good luck and thank you for the +++ feedback. It was greatly appreciated!



When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  “Don’t do it!  Get a DD (Designated Driver), not a DUI”.


Be smart: Don’t drink and drive, but, if you do, just say “NO{thing}”, don’t blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220 or 1-888-SHARK-8-1.



At Michael A. Haber, P.A. “Its all about reasonable doubt”! 


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1






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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
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