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Florida DUI Penalties

What are the penalties for DUI charges in Florida?

The penalties for DUI are constantly changing, and always become more severe. Below we have provided, both in chart form and in text, an explanation of the DUI penalty scheme. While we try to keep these pages updated, the information is provided only as a guideline and for a proper evaluation of your risk, you should speak with an experienced Orlando DUI defense attorney about your particular situation.

First DUI Conviction Blow under .15

Statutory Penalty
Max Jail Time 6 months
DL Suspension 6 months minimum 1 year maximum
Hardship License After DUI school
Community Service 50 hours
Probation Up to one year
Fines $500-$1000
Vehicle Impoundment 10 days
DUI School Mandatory

First DUI Conviction Blow .15 or higher or with minor in car

Statutory Minimum Penalty
Max Jail Time 9 months
DL Suspension 6 months minimum 1 year maximum
Hardship License After DUI school
Community Service 50 hours
Probation Up to one year
Fines $1000-$2000
Vehicle Impoundment 10 days
DUI School Mandatory

Second DUI Conviction w/5 years of First Blow under .15

Statutory Minimum Penalty
Max Jail Time 9 months
Mandatory Jail Time 10 days
DL Suspension 5 years mandatory
Hardship License After 1 year
Community Service 50 hours
Probation Up to one year
Fines $1000-$2000
Vehicle Impoundment 30 days
DUI School Mandatory

Second DUI Conviction w/5 years of First Blow .15 or higher or with minor in car

Statutory Penalty
Max Jail Time 12 months
Mandatory Jail Time 10 days
DL Suspension 5 years mandatory
Hardship License After 1 year
Community Service None
Probation Up to one year
Fines $1000-$2000
Vehicle Impoundment 30 days
DUI School Mandatory

Third DUI Conviction w/5 years of First Blow under .15

Statutory Penalty
Max Jail Time 12 months
Mandatory Jail Time 30 days
DL Suspension 10 years mandatory
Hardship License After 1 year
Community Service None
Probation Up to one year
Fines $1000-$2000
Vehicle Impoundment 30 days
DUI School Mandatory

Third DUI Conviction w/5 years of First Blow .15 or higher or with minor in car

Statutory Penalty
Max Jail Time 12 months
Mandatory Jail Time 30 days
DL Suspension 10 years mandatory
Hardship License After 2 years
Community Service None
Probation Up to one year
Fines $1000-$2000
Vehicle Impoundment 30 days
DUI School Mandatory

 

DUI Penalties in Florida

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

Fine Schedule 316.193(2)(a)-(b), F.S.

  • First Conviction: Not less than $250, or more than $500. With a Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
  • Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
  • Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
  • Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
  • 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 – 316.193 (6)(a), F.S.

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

Probation – 316.193 (5)(6), F.S.

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

Imprisonment- 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

At court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

  • First Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.
  • Second Conviction: Not more than 9 months. With BAL of .20 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 – 316.193 (6), F.S.

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.

Conditions for Release of Persons Arrested for DUI-316.193 (9), F.S.

  • 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.

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This is a complicated area of the law and the consequences are serious. Contact one of our experienced Orlando DUI defense attorney today to discuss your case.

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