Driving Under the Influence (DUI) of drugs or alcohol is a serious offense in Florida, carrying severe legal consequences. Whether it’s your first offense or a subsequent charge, Florida DUI penalties can be life-altering, affecting your freedom, finances, and future. Understanding the potential penalties for DUI in the state of Florida is crucial, especially if you find yourself facing these charges.
This blog post will provide a detailed overview of Florida DUI penalties and break down the laws surrounding them depending on the number of offenses. We’ll also discuss how an experienced DUI lawyer can help you navigate the legal system, protect your rights, and achieve the most favorable possible outcome.
DUI Law in Florida
Florida’s DUI laws are among the strictest in the nation. According to Florida Statutes Section 316.193, a person is considered to be driving under the influence if they are operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The law can also apply if the vehicle operator is under the influence of alcohol, chemical substances, or controlled substances to the extent that their normal faculties are impaired.
Florida DUI law also has a zero-tolerance policy for drivers under the age of 21, where any BAC of 0.02% or higher can lead to DUI charges. Additionally, commercial drivers are held to a stricter standard, with a BAC limit of 0.04%. DUI charges can be brought not only for alcohol impairment but also for impairment due to drugs, whether they are illegal substances, prescription medications, or even over-the-counter drugs that affect your ability to drive safely.
Florida DUI Penalties Explained
The penalties for DUI in Florida vary depending on the number of prior offenses and the specific circumstances of the case. Below is a breakdown of potential penalties for first-time, second-time, third-time, and subsequent DUI offenses in Florida.
First DUI Offense
Florida DUI penalties for a first-time offense include:
- Fines: A first DUI offense in Florida can result in fines ranging from $500 to $1,000. If your BAC was 0.15% or higher, or if a minor was in the vehicle, fines increase to between $1,000 and $2,000.
- Jail Time: You may face up to 6 months in jail. If your BAC was 0.15% or higher or if a minor was in the vehicle, the jail time can increase to up to 9 months.
- Probation: The court may impose up to 1 year of probation in addition to the jail sentence.
- License Suspension: Your driver’s license may be suspended for 180 days to 1 year.
- Community Service: A minimum of 50 hours of community service is typically required.
- Vehicle Impoundment: Your vehicle may be impounded for 10 days.
Second DUI Offense
For a second offense, Florida DUI penalties can become even stricter, including:
- Fines: For a second DUI offense, fines range from $1,000 to $2,000. If your BAC was 0.15% or higher or if a minor was in the vehicle, fines increase to between $2,000 and $4,000.
- Jail Time: You may face up to 9 months in jail. If the offense occurred within five years of the first DUI, a mandatory ten days in jail is required, with at least 48 hours of consecutive confinement.
- Probation: Probation terms may be up to 1 year, with conditions similar to those imposed for a first offense.
- License Suspension: The license suspension period can range from 180 days to 1 year. If the second offense occurred within five years of the first, a five-year revocation is mandatory.
- Ignition Interlock Device: If the BAC was 0.15% or higher or if a minor was in the vehicle, installation of an ignition interlock device for at least one year is mandatory.
- Vehicle Impoundment: Your vehicle may be impounded for 30 days.
Third DUI Offense
Under certain circumstances, a third DUI offense can be charged as a felony, resulting in up to five years in prison. Other Florida DUI penalties for third-time offenders include:
- Fines: A third DUI offense carries fines ranging from $2,000 to $5,000. If your BAC was 0.15% or higher or if a minor was in the vehicle, the fine increases to a minimum of $4,000.
- Jail Time: If the third DUI occurs within ten years of the previous offense, it is classified as a third-degree felony, punishable by up to 5 years in prison. Otherwise, the jail sentence may be up to 12 months.
- License Suspension: Your driver’s license will be revoked for at least ten years if the third offense occurs within ten years of the second. If it is outside the 10-year window, the revocation is for five years.
- Ignition Interlock Device: An ignition interlock device must be installed for at least two years.
- Vehicle Impoundment: Your vehicle may be impounded for 90 days.
Fourth and Subsequent DUI Offenses
In addition to the harshest allowable penalties, fourth and subsequent DUI offenses are felonies that typically result in permanent license revocation with no possibility of reinstatement. The Florida DUI penalties for a fourth offense are as follows:
- Fines: A fourth or subsequent DUI offense can result in fines of at least $2,000, with no upper limit set, depending on the severity of the case.
- Prison Time: A fourth DUI offense is classified as a third-degree felony, punishable by up to 5 years in prison.
- License Revocation: A fourth DUI results in a permanent revocation of your driver’s license, with no possibility of reinstatement.
- Ignition Interlock Device: Mandatory installation of an ignition interlock device for at least five years.
- Vehicle Impoundment: The court will determine the vehicle impoundment period.
How a Lawyer Can Help You Navigate Florida DUI Penalties
Facing a DUI charge can be overwhelming, and the consequences can be severe. An experienced DUI attorney can be the difference-maker in the outcome of your case. Here’s how a lawyer can help:
- Legal Defense: A skilled lawyer can analyze the details of your case, including the legality of the traffic stop, the accuracy of BAC tests, and whether your rights were violated at any point during the arrest. Your legal team can build a strong defense to challenge the charges against you.
- Negotiation: In some cases, a lawyer may be able to negotiate a plea deal, reducing the charges to a lesser offense, such as reckless driving, which carries lighter penalties.
- Mitigation of Penalties: Even if a conviction is unavoidable, a lawyer can advocate for reduced penalties, such as lower fines, shorter jail time, or alternative sentencing options like community service or alcohol education programs.
- License Restoration: A lawyer can help you navigate the process of applying for a hardship license, which allows you to drive to work or school while your regular license is suspended.
- Court Representation: Having a knowledgeable attorney represent you in court ensures that your case is presented in the best possible light, increasing the chances of a favorable outcome.
Florida DUI penalties can have long-lasting effects on your life. Understanding the potential consequences of each offense and knowing your legal rights is crucial.
Contact Clark Hartpence Law Today for a Free Consultation
Law enforcement officers have very strict rules and guidelines they must follow to ensure they are not violating someone’s rights. From the traffic stop to field sobriety testing (FST), to administering a breathalyzer, an experienced and qualified DUI attorney knows many of the most common oversights and potential violations that police officers can make during an arrest.
At Clark Hartpence Law, our legal team will work hard to perform an exhaustive investigation around the facts of your case. We’re dedicated to ensuring your rights are fully protected and that you receive the most fair outcome, including the potential to avoid fines, fees, jail time, and increased insurance rates in Florida. Attorney Jeremy Clark was a public defender in the Sixth Judicial Circuit and fully understands the laws surrounding DUI and the tactics used by Florida prosecutors in these cases.
Contact us today at (855) 680-4911 for your free consultation. A DUI arrest does not have to have a long-term effect on your life, livelihood, and insurance rates.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.