Florida Judge to be reprimanded for her DUI arrest with breath test level above 0.15.

The Tampa Tribune was reporting today that Judge Sheehan will be reprimanded for her DUI arrest last year.  This will probably be in the form of a written public reprimand.  I had blogged about the arrest when it first happened.  The judge did not fight the charge and pled guilty to DUI with a breath alcohol level greater than 0.15 g/100 ml.

Because of the elevated breath level it carries what DUI lawyers call “enhanced” penalties.  The minimum penalties for a 1st time DUI conviction with a breath test result over 0.15 are:

  • Fine of not less than $1,000.00,
  • Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required,
  • 12 months probation.  The total period of probation and incarceration may not exceed 1 year,
  • There is no minimum jail requirement for a 1st time DUI offense.  However, the maximum period of incarceration for a DUI is n more than 6 months.  With BAL of .15 or higher (or a minor in the vehicle at the time of the DUI arrest), the maximum jail time is not more than 9 months,
  • Vehicle impoundment.  Unless the family of the DUI driver has no other transportation, the vehicle used in the DUI must must be immobilized for 10 days.  Impoundment or immobilization can not happen while the person is incarcerated,
  • Driver’s license suspension of 6 months (1 year is the maximum),
  • Must complete DUI School Level 1.  DUI school also must be completed before the driver is eligible for a hardship license (“completion” does not require any extra counseling sessions be completed also.),
  • Ignition Interlock Device for 6 months,
  • Mandatory adjudication!  Judges are prohibited from withholding adjudication in DUI cases.  This means that if a person pleads to or is found guilty of DUI, that person CANNOT SEAL OR EXPUNGE THE DUI OR ANY OTHER ARREST (even if they were eligible to seal or expunge another arrest).

As you can see, DUI’s are very serious crimes that affect all aspects of your life!  If you have been arrested for DUI, you need to hire an experienced DUI attorney that knows the law, how to try a DUI case, and how the breath test machine works.  Most importantly, you need a DUI lawyer that is not afraid to fight for you in court and go to trial in your case.

If you have been arrested for DUI, call a member of the National College for DUI Defense!

Thomas C. Grajek — 863-838-5549 cell

 Because you only have 10 days to request a Formal Review or waive the hearing and get a hardship license IMMEDIATELY!

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