Penalties for Florida DUI

Under Florida DUI law, a motorist can be found guilty of driving under the influence in two ways, when the prosecution proves 1) impairment or 2) a blood alcohol content (BAC) of .08 or higher. The penalties for conviction of FL DUI are the same, regardless of the manner in which the offense is proven.

The following outlines the potential penalties for drunk driving in Florida. Note that the severity of the consequences varies, and the penalties handed down by the court depend much on the details of an arrest for DUI in Florida. It is advised to consult the Florida DUI Criminal Defense Attorneys with Musca Law for information relating to a specific case.

Fines

First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Content (BAC) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.

Second Conviction: Not less than $1,000, or more than $2,000. With BAC 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 second: Not less than $2,000, or more than $5,000. With BAC of .15 or higher or minor in the vehicle: Not less than $4,000.

Fourth or Subsequent Conviction: Not less than $2,000.

Community Service

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.

Imprisonment

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 BAC of .15 or higher or minor in the vehicle: Not more than 9 months.

Second Conviction: Not more than 9 months. With BAC 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 Florida Statutes, as habitual/violent offender.

Impoundment or 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.

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.

Manslaughter and Vehicular Homicide

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).

DUI School Requirements

First Conviction: Must complete DUI School before hardship reinstatement. Customers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If customer 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.

Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Customer must complete DUI School following conviction.

DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): Must complete DUI school before hardship reinstatement.

Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide: (Minimum 3 year Revocation).

Customers 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.

Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI School if ordered by the court.

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.