DUI Penalties

DUI Penalties in Florida

Types of DUI Penalties:

 

CRIMINAL PENALTIES FOR A FIRST TIME DUI IN FLORIDA

Jail Time
A person convicted of a first time DUI in Florida faces a maximum of 6 months in jail.   If the driver’s blood alcohol level was .15 or higher, or there was a minor in the vehicle, the maximum jail sentence is 9 months.

Probation
Between 6 and 12 months of probation.

Fines
Between $500 and $1000.  However, if the driver’s blood alcohol level was .15 or higher, or at the time of the offense a person under the age of 18 was present in the vehicle, the fine range is $1000 to $2000.

Driver’s License Revocation
The Judge must revoke the person’s driver’s license for 6 to 12 months.

Possibility of a Business Purposes Only License for the Revoked Driver’s License
After completing DUI School the driver may apply for a Business Purposes Only license.

Ignition Interlock
Required only if the driver’s blood alcohol level was .15 or higher, in which case the ignition interlock is required for 6 months.

Vehicle Impound
A 10 day vehicle impound is required.

DUI School
The driver must complete Level I DUI School and any recommended treatment.

Community Service
The judge must order a person convicted of a first time DUI to complete 50 hours of community service.  However, some judges will allow defendants to buy out some or all of the hours.

Court Costs and Costs of Prosecution:
The amounts of these fees vary.

 

CRIMINAL PENALTIES FOR A SECOND DUI (WITHIN FIVE YEARS OF A PRIOR DUI CONVICTION) IN FLORIDA

Jail Time
A person convicted of a second time DUI (which took place within five years of a prior DUI) faces a minimum of 10 days in jail and a maximum of nine months in jail.  However, if the driver’s blood alcohol level was .15 or higher, or there was a minor in the vehicle, the maximum jail sentence is 12 months.

Probation
Between 6 and 12 months of probation.

Fines
Between $1,000 and $2,000.  However, if the driver’s blood alcohol level was .15 or higher, or at the time of the offense a person under the age of 18 was present in the vehicle, the fine range is $2,000 to $4,000.

Driver’s License Revocation
The Judge must revoke the person’s driver’s license for a minimum of 5 years.

Possibility of a Business Purposes Only License for the Revoked Driver’s License
In the case of a second DUI conviction within five years of a prior DUI conviction, the person is not eligible for a Business Purposes the Only license on the revocation until one year of the five-year revocation has passed.

Ignition Interlock
A one-year ignition interlock is required.  However, if the driver’s blood alcohol level was .15 or higher the interlock is required for 2 years.

Vehicle Impound
A 30 day vehicle impound is required.

DUI School
The driver must complete Level II DUI School and any recommended treatment.

Community Service
Persons convicted of a second DUI within 5 years of a prior DUI conviction are normally required to perform community service.

Court Costs and Costs of Prosecution:
The amounts of these fees vary.

 

CRIMINAL PENALTIES FOR A SECOND DUI (OUTSIDE FIVE YEARS OF A PRIOR DUI CONVICTION) IN FLORIDA

Jail Time
A person convicted of a second time DUI (which took place outside five years of a prior DUI conviction) faces a maximum of 9 months in jail.  However, if the driver’s blood alcohol level was .15 or higher, the maximum jail sentence is 12 months.

Probation
Between 6 and 12 months of probation.

Fines
The fine range is between $1,000 and $2,000.  However, if the driver’s blood alcohol level was .15 or higher, or at the time of the offense a person under the age of 18 was present in the vehicle, the fine range is $2,000 to $4,000.

Driver’s License Revocation
The Judge must revoke the person’s driver’s license for 6 to 12 months.

Possibility of a Business Purposes Only License for the Revoked Driver’s License
A person with a DUI conviction outside of 5 years of a prior DUI conviction is not eligible for a Florida Business Purposes Only License. So, the person won’t be able to get their driver’s license back until both the court ordered revocation and the DHSMV ordered suspension have ended.

Ignition Interlock
A one-year ignition interlock is required.  However, if the driver’s blood alcohol level was .15 or higher the interlock is required for 2 years.

Vehicle Impound
A 10 day vehicle impound is required.

DUI School
The driver must complete Level II DUI School and any recommended treatment.

Community Service
Persons convicted of a second DUI within 5 years of a prior DUI conviction are normally required to perform community service.

Court Costs and Costs of Prosecution:
The amounts of these fees vary.

 

CRIMINAL PENALTIES FOR A THIRD DUI CONVICTION (WITHIN 10 YEARS OF A PRIOR CONVICTION) IN FLORIDA

Prison Time
A person convicted of a third time DUI (which took place within 10 years of a prior DUI conviction) faces a minimum of 30 days in jail and a maximum of 5 years in Florida State Prison.

Mandatory Adjudication of Guilt
A severe consequence of a third DUI conviction within 10 years of a prior DUI conviction is that the Court must adjudicate the person guilty of a felony, making the person a convicted felon.  Convicted felons lose important rights, including the right to vote, the right to hold public office, and the right to possess a firearm.

Probation
A person convicted of a third time DUI within 10 years of a prior conviction faces up to 5 years of probation.

Fines
The maximum fine is $5,000.  However, if the driver’s blood alcohol level was .15 or higher, or at the time of the offense a person under the age of 18 was present in the vehicle, the minimum fine is $4,000.

Driver’s License Revocation
The Judge must revoke the person’s driver’s license for at least 10 years.

Possibility of a Business Purposes Only License for the Revoked Driver’s License
A person with a third DUI conviction within 10 years of a prior DUI conviction may be eligible for a Florida Business Purposes the Only License after 2 years of the 10-year revocation.

Ignition Interlock
A 2 year ignition interlock is required.

Vehicle Impound
A 90 day vehicle impound is required.

DUI School
The driver must complete Level II DUI School and any recommended treatment.

Community Service
Persons convicted of a third DUI within 10 years of a prior DUI conviction are normally required to preform community service.

Court Costs and Costs of Prosecution:
The amounts of these fees vary.

 

CRIMINAL PENALTIES FOR A THIRD DUI CONVICTION (OUTSIDE 10 YEARS OF A PRIOR CONVICTION) IN FLORIDA

Jail Time
A person convicted of a third time DUI (which took place outside 10 years of a prior DUI conviction) faces a maximum sentence of one year in jail.

Probation
A person convicted of a third time DUI outside 10 years of a prior conviction faces up to 12 months of probation.

Fines
The minimum fine is $2,000 and the maximum fine is $5,000.  However, if the driver’s blood alcohol level was .15 or higher, or at the time of the offense a person under the age of 18 was present in the vehicle, the minimum fine is $4,000.

Driver’s License Revocation
The Judge will revoke the person’s driver’s license for 6 to 12 months.

Possibility of a Business Purposes Only License on the Revoked Driver’s License
A person with a third DUI conviction outside of 10 years of a prior DUI conviction is not eligible for a Florida Business Purposes Only License.

Ignition Interlock
A 2-year ignition interlock is required.

Vehicle Impound
A 10 day vehicle impound is required.

DUI School
The driver must complete Level II DUI School and any recommended treatment.

Community Service
Persons convicted of a third DUI outside 10 years of a prior DUI conviction are normally required to perform community service.

Court Costs and Costs of Prosecution:
The amounts of these fees vary.

 

CRIMINAL PENALTIES FOR A FOURTH DUI CONVICTION IN FLORIDA

Prison Time
A person convicted of a fourth time DUI faces a maximum of 5 years in Florida State Prison.

Mandatory Adjudication of Guilt
A severe consequence of a plea to a fourth DUI is that the Court must adjudicate the person guilty of a felony, making the person a convicted felon.  Convicted felons lose important rights, including the right to vote, the right to hold public office, and the right to possess a firearm.

Probation
A person convicted of a fourth DUI faces up to 5 years of probation.

Fines
The minimum fine is $2,000 and the maximum fine is $5,000.  However, if the driver’s blood alcohol level was .15 or higher, or at the time of the offense a person under the age of 18 was present in the vehicle, the minimum fine is $4,000.

Driver’s License Revocation
The Judge must impose a lifetime driver’s license revocation.

Possibility of a Business Purposes Only License for the Revoked Driver’s License
A person with a fourth DUI conviction may be eligible for a Florida Business Purposes Only License after 5 years.

Ignition Interlock
A 2-year ignition interlock is required.

Vehicle Impound
A 90 day vehicle impound is required.

DUI School
The driver must complete Level II DUI School and any recommended treatment.

Community Service
Persons convicted of a fourth DUI are normally required to preform community service.

Court Costs and Costs of Prosecution:
The amounts of these fees vary.

Are you looking for the best DUI lawyer in Tampa Florida? Contact Attorney David C. Hardy.

Tampa Attorney David C. Hardy is a former DUI prosecutor that now represents persons accused of DUI.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of DUI cases.

If you or a loved one has been arrested for DUI in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.