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DUI Penalties in Florida

  • CRIMINAL DUI PENALTIES IN FLORIDA FOR A FIRST TIME DUI

    Jail Time
    Maximum of 6 months in jail.   If the driver's blood/breath alcohol (BAC) was .15 or higher, or there was a minor in the vehicle, the maximum jail sentence is 9 months.

    Probation
    6 to 12 months..

    Fines
    $500 to $1000.  If the blood alcohol level was .15 or higher, or at the time of the first offense DUI in Florida a person under the age of 18 was present in the vehicle, the fine range is $1000 to $2000.

    Driver's License Revocation
    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 if the driver's blood alcohol level was .15 or higher for 6 months.

    Vehicle Impound
    10 days.

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

    Community Service
    50 hours maybe possible to buy out at $10.00 per hour.

    Court Costs and Costs of Prosecution:
    Court costs and costs of prosecution fees vary.

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

    Jail Time
    A person convicted of a second offense DUI in Florida that takes place within five years of a prior DUI faces a minimum of 10 days in jail and a maximum of nine months in jail.  If the blood alcohol level was .15 or higher, or there was a minor in the vehicle, the maximum jail sentence is 12 months.

    Probation
    6 to 12 months.

    Fines
    $1,000 to $2,000.  If the driver's blood alcohol level was .15 or higher, or at the time of the second offense DUI in Florida 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
    Minimum of 5 years.

    Possibility of a Business Purposes Only License for the Revoked Driver's License
    In the case of a second offense DUI in Florida within five years of a prior DUI conviction, the person is not eligible for a Business Purposes Only License until after one year of the five-year revocation.

    Ignition Interlock
    A one-year unless the driver's blood alcohol level was .15 or higher then 2 years.

    Vehicle Impound
    30 days.

    DUI School
    Must complete Level II DUI School and any recommended treatment.

    Community Service
    Required, maybe possible to buy out at $10.00 per hour.

    Court Costs and Costs of Prosecution:
    Court costs and costs of prosecution fees vary.

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

    Jail Time
    A person convicted of a second time DUI, that takes place outside five years of a prior DUI conviction, faces a maximum of 9 months in jail.  If the blood alcohol level was .15 or higher, the maximum jail sentence is 12 months.

    Probation
    6 to 12 months.

    Fines
    $1,000 to $2,000.  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 is $2,000 to $4,000.

    Driver's License Revocation
    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 Department of Highway Safety Motor Vehicles ordered suspension have ended.

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

    Vehicle Impound
    10 days.

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

    Community Service
    Required, maybe possible to buy out at $10.00 per hour.

    Court Costs and Costs of Prosecution:
    Court costs and cost of prosecution fees vary.

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

    Jail Time
    A person convicted of a third time DUI that takes 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.  

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

    Fines
    Maximum fine $5,000, unless the 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
    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 License after 2 years of the 10-year revocation.

    Ignition Interlock
    2 years.

    Vehicle Impound
    90 days.

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

    Community service

  • Required, maybe possible to buy out at $10.00 per hour.
  • Court Costs and Costs of Prosecution:
    Court costs and costs of prosecution fees vary.

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

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

    Probation
    Up to 12 months.

    Fines
    $2,000 to $5,000.  If the 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
    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
    2 years.

    Vehicle Impound
    10 days.

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

    Community Service
    Required, maybe possible to buy out at $10.00 per hour.

    Court Costs and Costs of Prosecution:
    Court costs and costs of prosecution fees vary.

    CRIMINAL DUI PENALTIES IN FLORIDA FOR A FOURTH DUI CONVICTION

    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.  

    Probation
    Up to 5 years.

    Fines
    $2,000 to $5,000.  If the 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
    Mandatory 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
    2 years.

    Vehicle Impound
    90 days.

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

    Community Service
    Required, maybe possible to buy out at $10.00 per hour.

    Court Costs and Costs of Prosecution:
    Court costs and costs of prosecution fees vary.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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