Driving under the influence (DUI) of alcohol or drugs in Florida is a serious offense with significant consequences. The state imposes various penalties that can impact not only your freedom but also your future opportunities.
What are the possible direct penalties for a DUI?
When charged with a DUI in Florida, the legal system has clear penalties which can escalate with the severity of the offense and any prior DUI convictions. These can include monetary fines as follows:
- First conviction:
- Not less than $500 or more than $1,000.
- If blood/breath alcohol level (BAL) was .15 or higher, or if there was a 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.
- If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $2,000 or more than $4,000.
- Third conviction (within 10 years from the second offense):
- Not less than $2,000 or more than $5,000.
- If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000 or more than $5,000.
- Third conviction (more than 10 years from second):
- Not less than $2,000 or more than $5,000.
- If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000 or more than $5,000.
- Fourth or subsequent conviction:
- Not less than $2,000 or more than $5,000.
- If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000 or more than $5,000.
Penalties can also include prison time:
- First conviction:
- Jail up to 6 months.
- If BAL was .15 or higher, or if there was a minor in the vehicle – jail up to 9 months.
- Crash – jail up to 1 year
- Second conviction:
- Jail up to 9 months.
- If BAL was .15 or higher, or if there was a minor in the vehicle – jail up to 12 months.
- *If second conviction was within five years of a prior conviction, mandatory jail of at least 10 days; 48 hours of confinement must be consecutive.
- Third conviction:
- If third conviction is within 10 years of a prior conviction, mandatory jail 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, jail up to 12 months.
- Fourth or subsequent conviction:
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- Jail up to 5 years, or as provided in section 775.084, Florida Statutes, if habitual/violent offender.
Additional penalties may include DUI school, recommended treatment, community service, installation of an ignition interlock device on your vehicle, Soberlink device, gps, and various classes. The court may also impound or immobilize the vehicle.
It is important to note that allegations and criminal charges are not the same as a conviction. You can fight back. Various defenses are available and can result in a reduction or even dismissal of charges. These could include a lack of evidence, filing various motions to suppress or failure to meet all the requirements to substantiate the charge.
Seeking legal counsel can help
A DUI is stressful for the accused and their family. Attorney Lee Viacava is here to answer your questions and guide you through the process. Reach out today.