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DUI - Penalties

DUI – Overview
DUI – Laws
DUI – Penalties
DUI - Refusal to Submit to Testing
DUI – Defenses
DUI – Automatic License Suspension
DUI - Reinstatement of License
DUI – Field Sobriety Exercises (“tests”)
DUI – Breath Tests and Breathalyzer
DUI – Blood and Urine Tests
DUI - How to Calculate Blood Alcohol Content

DUI Penalties
 
In Florida the penalties for a DUI depend on the way the DUI is charged by the State Attorney/Prosecutor. This charging decision is based on several factors including previous DUI convictions, or whether there was injury, death, or property damage involved. These factors can either increase or decrease the penalties associated with your DUI charge.
 
Florida Statute 316.193 sets forth the many DUI penalties. Below is a general listing of these penalties. Please see DUI other penalties for penalties related to other DUI crimes including: refusing a breath, urine or blood test, DUI manslaughter and DUI causing serious bodily injury.
 
FIRST CONVICTION
SECOND OFFENSE/CONVICTION
THIRD OFFENSE/CONVICTION OUTSIDE 10 YEARS
THIRD OFFENSE/CONVICTION WITHIN 10 YEARS
FOUR OR MORE OFFENSES/CONVICTIONS

FIRST CONVICTION:

  1. Fine:  Not less than $500 or more than $1,000. But if, Blood/Breath Alcohol Level (BAL) is .15 or higher or there is a minor in the vehicle: Not less than $1,000, or more than $2,000;
  2. Community Service: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required;
  3. Probation: Not more than 1 year (total period of probation and incarceration may not exceed 1 year);
  4. Imprisonment: not more than 6 months; But if BAL is .15 or higher or there is a minor in the vehicle, not more than 9 months;
  5. License Revocation: Minimum 180 days revocation, maximum 1 year;
  6. DUI/Driving School: 12 hours DUI School Requirement Evaluation conducted to determine need for treatment. (Must complete DUI school before hardship reinstatement. Those who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If one enrolls and is reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed);
  7. Ignition Interlock Device: Normally, NO interlock, but if Blood/Breath Alcohol level (BAL) is.20 or higher or there is a minor in the vehicle: then up to 6 months at defendant’s expense;
  8. Vehicle Impoundment: Unless the family of the defendant has no other transportation: First conviction = 10 days;
  9. Deportation:  for non-us citizens.

SECOND OFFENSE/CONVICTION:

  1. Fine: Not less than $1,000 or more than $2,000. But if Blood/Breath Alcohol level (BAL) is.15 or higher or there is a minor in the vehicle then not less than $2,000, or more than $4,000;
  2. Imprisonment: Not more than 9 months. But if BAL is .15 or higher or there is a minor in the vehicle: Not more than 12 months.  If second conviction is within 5 years, then mandatory imprisonment of at least 10 days. (At least 48 hours of confinement must be consecutive);
  3. License Revocation: Second Conviction Within 5 Years:  Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders, same as first offense: Minimum 180 days revocation, maximum 1 year;
  4. DUI/Driving School: 21 hours DUI School Requirement Evaluation conducted to determine need for treatment, must complete DUI school following conviction;
  5. Ignition Interlock Device: Minimum of 1 year;
  6. Vehicle Impoundment: Unless the family of the defendant has no other transportation: second conviction within 5 years = 30 days;
  7. Deportation: for non-us citizens.

THIRD OFFENSE/CONVICTION/OUTSIDE 10 YEARS

  1. Fine: Not less than $2,000, or more than $5,000. But if Blood/Breath Alcohol level (BAL) is .20 or higher or if there is a minor in the vehicle then not less than $4,000.
  2. Probation: Not more than 1 year (total period of probation and incarceration may not exceed 1 year);
  3. Imprisonment: Not more than 12 months;
  4. License Revocation: Minimum 180 days revocation, maximum 1 year;
  5. Ignition Interlock Device: Minimum of 2 years;
  6. Vehicle Impoundment: Unless the family of the defendant has no other transportation: outside 10 years = 10 days (same as first offense);
  7. Deportation: for non-us citizens.

THIRD OFFENSE/CONVICTION/WITHIN 10 YEARS

  1. Fine: Not more than $5,000. If BAL is .20 or higher or if there is a minor in the vehicle then not less than $4,000;
  2. Imprisonment: If third conviction is within 10 years then imprisonment for not more than 5 years, but mandatory imprisonment for at least 30 days with at least 48 consecutive hours of confinement;
  3. Vehicle Impoundment: Unless the family of the defendant has no other transportation: third conviction within 10 years = 90 days;
  4. License Revocation: Minimum 10 years revocation. (May be eligible for hardship reinstatement after 2 years)(Other 3rd offenders same as first offense: Minimum 180 revocation, maximum 1 year; one conviction more than 10 years prior and one within 5 years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year);
  5. Ignition Interlock Device: Minimum of 2 years;
  6. DUI/Driving School:  21 hours DUI School Requirement Evaluation conducted to determine need for treatment; must complete DUI school following conviction;
  7. Deportation: for non-us citizens.

FOUR OR MORE OFFENSES/CONVICTIONS

  1. Fine: Not less than $2,000, but if Blood/Breath Alcohol level (BAL) is .15 or higher or if there is a minor in the vehicle then not less than $4,000;

  2. Probation: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual offender;

  3. Imprisonment: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual offender, but 30 days in jail are mandatory of which 48 hours of confinement must be consecutive;

  4. Vehicle Impoundment: Unless the family of the defendant has no other transportation: 90 days;

  5. License Revocation: Fourth Conviction, regardless of when prior convictions occurred) and murder with motor vehicle: Mandatory permanent revocation and No hardship reinstatement;

  6. Ignition Interlock: no provision in 322.2715

  7. Deportation: for non-us citizens.

Note: A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years
 
Note: At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.
 
Note: 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.
 
Note: Those Who Wait Until Revocation Period Expires: Must enroll in DUI school and pass the driver license examinations to be re-licensed. Failure to complete the school within 90 days after such reinstatement will result in cancellation of the license until the school is completed.
 
Note: Treatment: Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.

**Disclaimer: The information on this page should be used as a reference only and is not intended to be legal advice. Florida criminal law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult an Orlando criminal defense attorney about your legal rights and responsibilities regarding your particular case.**

A complete listing of all Florida Statutes can be found at: http://www.leg.state.fl.us/Statutes

Consult With an Experienced Orlando DUI Attorney

The facts of every DUI case are different and if convicted you could face jail or prison time. Because of this and other complexities in handling these types of cases, it is vitally important that you obtain representation from an Orlando DUI lawyer experienced in defending, not prosecuting these types of crimes.

If you have been arrested and charged with a DUI or other criminal offense contact Orlando DUI attorney Will Corzo or Sam Kohrs. Call toll free 877-99CK-LAW for a free consultation and explanation of your rights.


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