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What happens If I am convicted or plead guilty to a DUI in Floirda

Posted by John P. Rutkowski | Jul 13, 2022 | 0 Comments

DUI PENALTIES

First DUI 08 or Refusal of Breath Test: Jail none to 6 months, Fine - $500 to $1000, plus court cost & cost of prosecution, License revocation 6 months to year (eligible for a Business Purpose License) (BPO), 6 months to a year probation, phase one DUI school (includes substance abuse evaluation). Phase two DUI school if client previously attended DUI school, 50 hours community service hours which maybe bought out at $10 per hour, impoundment of vehicle for ten days (unless waived due to circumstance). First DUI Breath Alcohol Content (BAC) .08 or Refusal of Breath Test, with crash with property damage – same as above except for up to 1 year in jail and possible victim impact panel (VIP). First DUI with breath alcohol content of .15+ or a minor in vehicle – Jail – none to 9 months, $1000 to $2000 fine, plus court cost & cost of prosecution, License revocation 6 months to year, (eligible for a Business Purpose License) (BPO), Phase 1 or 2 DUI school (includes substance abuse evaluation). Phase two DUI school if client previously attended DUI school, 50 hours community service hours which maybe bought out at $10 per hour, impoundment of vehicle for ten days (unless waived due to circumstance). Minimum 6-month ignition interlock.

Second DUI outside of 5 years (from conviction date of the 1st to the arrest date of the 2nd, with a BAC of .08 or a Refusal of the Breath Test, with or without a crash with property damage): Jail none to 9 months, $1000 to $2000, plus court cost & cost of prosecution, License revocation 6 months to year, (Not eligible for BPO for 6 months), year probation, phase two DUI school (includes substance abuse evaluation). Phase two DUI school, impoundment of vehicle for 10 days (unless waived due to circumstance). One year ignition interlock. Possible VIP.

Second DUI within 5 years (from conviction date of the 1st to the arrest date of the 2nd, with a BAC of .08 or a Refusal of the Breath Test, with or without a crash with property damage): mandatory 10 days jail but could be up to 9 months, $1000 to $2000, plus court cost & cost of prosecution, License revocation minimum 5 years (eligible for a BPO license one year from the date released from jail. The 5-year revocation period doesn't start until all jail/rehab time is completed, up to one year probation, phase two DUI school (includes substance abuse evaluation). Impoundment of vehicle for 30 days (unless waived due to circumstance). 1 year ignition interlock. Possible VIP.

Third DUI outside of 10 years (from conviction date of the 1st to the arrest date of the 2nd, with a BAC of .15+ or Minor in Vehicle: Jail -none to 12 months, fine not less than $1000, plus court cost & cost of prosecution, 6 months to year probation, License revocation 6 months to year, (Not eligible for BPO), phase two DUI school (includes substance abuse evaluation). Phase two DUI school, 10-day vehicle impound (unless waived due to circumstance), 2-year ignition interlock. Possible VIP.

Third DUI inside of 10 years (from conviction date of the 1st to the arrest date of the 2nd, with a BAC of .08 or a Refusal of the Breath Test, with or without a crash with property damage): Jail 30 days to 5 years, (depending on how charged, technically it is a 3rd degree felony, but not always charged as such) Fine $0 to $5000, plus court cost & cost of prosecution, up to 5 years' probation, License revocation 10 years, (Not eligible for BPO for 2 years), period doesn't start until all jail/rehab time is completed, phase two DUI school (includes substance abuse evaluation). Phase two DUI school, 90-day vehicle impound (unless waived due to circumstance). 90-day vehicle impound. 2-year ignition interlock. Possible VIP.

Third DUI inside of 10 years (from conviction date of the 1st to the arrest date of the 2nd, with a BAC of .15+ or Minor in Vehicle: Jail 30 days to 5 years, (depending on how charged, technically it is a 3rd degree felony, but not always charged as such) Fine $1000 to $5000, plus court cost & cost of prosecution, up to 5 years' probation, License revocation 10 years, (Not eligible for BPO for 2 years), period doesn't start until all jail/rehab time is completed, phase two DUI school (includes substance abuse evaluation). Phase two DUI school, 90-day vehicle impound (unless waived due to circumstance). 90-day vehicle impound. 2-year ignition interlock. Possible VIP.

Fourth DUI with a BAC of .08 or a Refusal of the Breath Test, with or without a crash with property damage, 3rd Degree Felony): Jail 0 days (or minimum of 30 if the last prior was less than 10 years ago) to 5 years, fine $1000 to $5000, plus court cost & cost of prosecution, up to 5 years' probation, License revocation permanent/lifetime (possibility for a BPO after 5 years), period doesn't start until all jail/rehab time is completed, phase two DUI school (includes substance abuse evaluation). Phase two DUI school, 90-day vehicle impound (unless waived due to circumstance). 90-day vehicle impound. 2-year ignition interlock. Possible VIP.

Fourth DUI with a BAC of .15+ or Minor in Vehicle 3rd Degree Felony: Jail 0 days (or minimum of 30 if the last prior was less than 10 years ago) to 5 years, fine $1000 to $5000, plus court cost & cost of prosecution, up to 5 years' probation, License revocation permanent/lifetime (possibility for a BPO after 5 years), period doesn't start until all jail/rehab time is completed, phase two DUI school (includes substance abuse evaluation). Phase two DUI school, 90-day vehicle impound (unless waived due to circumstance). 90-day vehicle impound. 2-year ignition interlock. Possible VIP.

FELONY DUIs

  1. 3rd DUI within 10 years 3rd degree felony;
  2. 4th or more 3rd degree felony;
  3. DUI with serious bodily injury to another 3rd degree felony;
  4. DUI causing/contributing to the death to any human being or unborn quick child 3rd degree felony;
  5. DUI Manslaughter 2nd degree felony.

REHAB INSTEAD OF JAIL

Florida statutes allow, at the court's discretion, a client to serve all or any term of jail in a residential alcoholism treatment program

About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-seven 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 an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses.

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CONTACT US

John P. Rutkowski, Attorney at Law, firm represents clients in the areas of Criminal Defense, DUI, BUI, Criminal Traffic Offenses. Contact Mr. Rutkowski today for a free telephone consultation.

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3941 Tamiami Trail Suite 3157-211 Punta Gorda FL 33950

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