DUI Penalties In Florida

Penalties for being convicted of a DUI range from probation to Prison. There are some DUI penalties that you should be aware of that are often not addressed. These penalties are things that are not a part of the formal sentencing but are things that could effect your life. Some of these penalties, to name a few,  include

• Job Loss
• Difficulty in getting specific Jobs or Employment with some companies
• Difficulty in traveling overseas.
• Increased Auto, life and health insurance premiums

The criminal penalties for being convicted of DUI are determined mainly on these factors:

• Prior Criminal Record – The main focus here is whether you have a prior conviction for DUI and if you do then the issue becomes one of when the prior convictions were in relation to the current arrest. Also considered are all prior convictions for any criminal offense.
• Case specific Facts – Here the Prosecutor and Court looks to the specific facts of the DUI case. Normally  there is a difference between driving drunk on a deserted road vs driving drunk in the middle of the day while driving the wrong way with children in the car. The difference has to do with the egregious nature of the DUI and the risk put to the public.
• Your Attorney – The DUI Attorney representing you can make a big difference. If your case is weak for the prosecutor, but your DUI Lawyer is known for going to trial and putting on a good defense, you have a better chance of getting a favorable outcome.  Think about it this way, If your lawyer doesn’t go to trial or always looses why would the prosecutor be motivated to cut a deal or drop the case?

Minimum DUI Sentences

Below is the minimum sentence the law requires if convicted of Drunk Driving. However the sanctions could be higher if your Blood Alcohol Content is over a .15, you were under 21 years old when arrested, or if there was a minor in the car.

First DUI Conviction

• Up to 6 Months in County Jail.
• Fine of at least $500 but no more then $1000.00.
• 12 months of Probation, including DUI school, community service, alcohol evaluation and treatment, and a victim impact panel.
• License revocation of 6 months up to one year. (Different 6 months then when arrested and blew over .08 or refused).
• Vehicle Impoundment for at least 10 days.

Second DUI Arrest within 5 years of Last DUI Conviction

• Fine of At least $1000.00 to a maximum of $2000.00
• Minimum Incarceration of 10 days up to 9 months
• Drivers License Suspension for 5 years.
• Car is impounded for a minimum 30 days.
• 12 Months probation, DUI School, level 2.
• Ignition interlock device for 1 year.

Second DUI Arrest outside 5 Years of Last DUI Conviction

• Fine of at least $1000.00 to no more then $5000.00
• Suspension of Drivers License for 6 months to one year.
• Probation for 1 year including DUI School, level 2.
• Minimum Incarceration of 10 days up to 9 months.
• Car impoundment for minimum 30 days.
• Ignition interlock device for a minimum of 1 year.

Third DUI Arrest With in 10 Years of any DUI Conviction.

• A fine of not less than $2,000 or more than $5,000.
• Incarceration of 30 days to 5 years
• Your license will be suspended for 10 years
• Probation for 0 to 5 years
• Impoundment of vehicle for 90 days
• Ignition device for at least 2 years

Third DUI Arrest Outside 10 Years of all DUI Convictions (Misdemeanor)

• A fine of not less than $1,000 or more than $2,500
• Incarceration up to 1 year
• Your license will be suspended for 5 years
• Probation for 1 year
• Ignition device at least 2 years
• You are not eligible for a BPO

Fourth or subsequent DUI Arrest. (Felony)

• Any person who is convicted of a fourth or subsequent violation of this section is guilty of a Felony of the Third Degree; the fine imposed for such fourth or subsequent violation may be $1,000 to $5,000.
• Sentenced under Florida Sentencing Guidelines up to 5 years in Florida State Prison
• You are not eligible for a BPO or hardship license

These penalies, especially the fines are constantly changing. Call me, Robert Tager, DUI Attorney, to schedule a free consultation or just to find out what the current penalties are. 727-723-1616 813-855-7788.