Penalties of a DUI in Florida

Under Florida law, DUI is an offense, resulting out of proven impaired driving or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are not subject to the manner in which the offense is proven.

The penalties for a DUI in the state of Florida may vary depending on the circumstances of your case. The most probable penalties arising out of a DUI conviction in Florida are as follows.

Fines

First Conviction: You may be charged with fines ranging from $500 to $1,000 (With Blood/Breath Alcohol Level of .15 or higher). In case of a minor in the vehicle you may be fined from $1,000 to $2,000.

Second Conviction: You may be charged with fines ranging from $1,000 to $2,000 (With Blood/Breath Alcohol Level of .15 or higher). In case of a minor in the vehicle you may be fined from $2,000 to $4,000.

Third Conviction After 10 years from second: You may be charged with fines ranging from $2,000 to $5,000 (With Blood/Breath Alcohol Level of .15 or higher). In case of a minor in the vehicle you may be fined with a minimum of $4,000.

Fourth or Subsequent Conviction: You may be fined with a minimum of $2,000.

Imprisonment

First Conviction: You may get a jail time of not more than 6 months (With BAL of .15 or higher). In case of minor in the vehicle you may get a jail time of not more than 9 months.

Second Conviction: You may get a jail time of not more than 9 months (With BAL of .15 or higher). In case of minor in the vehicle you may get a jail time of not more than 12 months.

Third Conviction: You may get a jail time of not more than 12 months. If the third offence is within 10 years of the second offence you may get a mandatory jail time of 30 days and at least 48 hours of confinement must be consecutive.

Fourth or Subsequent Conviction: You may get a jail time of not more than 5 years.

Community Service

First Conviction: You may get mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required.
Probation

First conviction: You can get a probation and incarceration that may not exceed 1 year. You may be required to periodically report to a probation officer.

Impoundment of Vehicle

If your family does not have any other transportation the court may impound your vehicle as follows: For first conviction for a period of 10 days; for second conviction within 5 years for a period of 30 days; for third conviction within 10 years for a period of 90 days.

It is however unlikely that the impoundment or immobilization are concurrent your time of imprisonment.

DUI School

In addition, DUI School is a distinct possibility. This is a 12-hour class for first-time DUI offenders. There is also a component of DUI School called a psycho-social evaluation. This is done to determine whether or not the state feels you have a problem with alcohol or an alcohol addiction.

License revocation

Depending on the severity of you DUI charge your driving license can be revoked for a period of 6 months to a year.

Interlock ignition device

Depending on the results of your breath test you may be asked to install an interlock ignition device in your car. This device requires you blow into it for an alcohol level test, in order to start your car and to ensure you are will not be driving under the influence.

Author: Amir Ladan
A former assistant state attorney for Orange/Osceola Counties, Amir has handled thousands of cases and dozens of trials, ranging from DUI and traffic offenses to murder, in both adult and juvenile court.

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