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DUI Penalties In Florida

The penalties for DUI can be very serious in Florida. A DUI arrest will greatly affect your finances, job, and can disrupt your family and personal life. You need an experienced and hard-working DUI defense attorney to protect your rights. Our firm will provide you with a free and no obligation consultation on your DUI charge. Contact us today!

DUI Penalties in the State of Florida

Under Florida law, DUI is an offense that can be proven either by showing that a person's normal faculties were impaired or by an unlawful blood or breath alcohol level of .08 or above. Despite which method is used, a DUI must be proven beyond and to the exclusion of every reasonable doubt.

Fines

  • First Conviction: Not less than $500, or more than $1,000. With a Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
  • Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
  • Third Conviction More than 10 Years from the Previous Conviction: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
  • Third Conviction Within 10 years from the Previous Conviction: Not more than $5,000. With BAL of .15 or higher or minor in the vehicle. Not less than $4,000.
  • Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Community Service Hours

  • First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Probation

  • First Conviction: total period of probation and incarceration may not exceed 1 year.

Jail or Prison Time

Instead of sentencing a person to jail for DUI, a court may order that jail time be served in a residential alcohol or drug abuse treatment program. That time will be credited towards the jail time.

  • First Conviction: Not more than 6 months jail time. If you have a blood-alcohol level (BAL) of .15 or higher, or if there is a minor in the vehicle at the time of the arrest, then not more than 9 months jail time.
  • Second Conviction: Not more than 9 month jail times. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
  • Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
  • Fourth or Subsequent Conviction: Not more than 5 years or as provided in 775.084 as habitual/violent offender.

Impoundment of Immobilization of Vehicle

Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

Release After Arrest

A person arrested for DUI may be released only when:

  • The person is no longer under the influence and;
  • The person's normal faculties are no longer impaired
  • The person's blood/breath alcohol level is lower than 0.05; or
  • Eight hours have elapsed from the time the person was arrested.

DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)

  • Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1 year imprisonment).

DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)

  • Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).
  • Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in 775.084.
    Manslaughter and Vehicular Homicide-316.193 (3), F.S.

DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

  • DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
  • Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
  • Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

Driver License Revocations for DUI

  • First Conviction: Minimum 180 days revocation, maximum 1 year.
  • Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
  • Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.
  • Fourth Conviction, Regardless of When Prior Convictions Occurred and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
  • DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
  • Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3 year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.

DUI While Driving a Commercial Motor Vehicles (CMV)

  • Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. This is in addition to any provisions of s. 316.193 for DUI convictions.
  • Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle.
  • There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.

Adjudication and Sentencing - 316.656, F.S., 322.2615 F.S.

  • Penalty to be Imposed by Court: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases.