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What are the Penalties for a DUI Conviction

Posted by John P. Rutkowski | Dec 28, 2020 | 0 Comments

Administrative Licenses Suspension: When arrested for DUI the officer will usually take your FL D/L and issue a DUI ticket. You have 10 days from the date of the DUI ticket to either waive or request a formal or informal

administrative license suspension hearing. Failure to do one of the above within the 10-day period your FL D/L will automatically suspend. If second DUI or second refusal of the breath test you will be ineligible for a limited license

 

DUI FINES

First Conviction: $500 or more than $1,000. If Breath/Blood alcohol level (BAL) was .15 or higher or there was a minor in the vehicle, not less than $1,000 or more than $2,000.Second Conviction: $1,000 or more than $2,000. If Breath/Blood alcohol level (BAL) was .15 or higher or there was a minor in the vehicle, not less than $2,000 or more than $4,000. Third Conviction: $2,000 or more than $5,000. If Breath/Blood alcohol level (BAL) was .15 or higher or there was a minor in the vehicle, not less than $4,000. Fourth or subsequent Conviction:  $2,000. If Breath/Blood alcohol level (BAL) was .15 or higher or there was a minor in the vehicle, not less than $4,000.

IMPRISONMENT: At the court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward the term of imprisonment. First conviction: Imprisonment for not more than six months. If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than nine months. Second conviction: Imprisonment for not more than nine months. If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than 12 months. If second conviction was within five years of a prior conviction, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive. Third conviction: If third conviction is within 10 years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction is more than 10 years of a prior conviction, imprisonment for not more than 12 months. Fourth or subsequent conviction: Imprisonment for not more than five years, or as provided in section 775.084, Florida Statutes, if 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 five years of a prior conviction= 30 days; Third conviction within 10 years of a prior conviction = 90 days.

DUI Crash 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 one-year imprisonment). Repeat DUI Offender or Crash Involving Serious Bodily Injury Any person convicted of a third DUI within 10 years of a prior conviction or a fourth or subsequent DUI, is guilty of committing a third-degree felony (not more than $5,000 fine and/or five years imprisonment). Any person who causes serious bodily injury while driving under the influence is guilty of committing a third-degree felony (not more than $5,000 fine and/or five years imprisonment) or as provided in section 775.084, Florida Statutes, if habitual/violent felony offender.

Driver License Revocation Periods for DUI: First offense without bodily injury: Minimum 180 days revocation, maximum one year. First offense with bodily injury: Minimum three years revocation. Second offense within five years from prior conviction: Minimum five years revocation. May be eligible for hardship reinstatement after one year. Second offense five or more years after first conviction, the same revocation periods as first offense apply. Third offense within 10 years: of the second conviction: Minimum 10 years revocation. May be eligible for a hardship reinstatement after two years. Third offense 10 or more years after the second conviction: the same revocation periods as first offense apply. Fourth conviction, regardless of when prior convictions occurred: Mandatory permanent revocation. May be eligible for hardship reinstatement after five years. If incarcerated, the revocation period begins upon date of release from incarceration.

About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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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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