DUI/DWI

Under Florida Law, an individual is guilty of driving under the influence if he/she is driving or in actual physical control of a vehicle within this state, and:

• He/she is under the influence of alcoholic beverages, any chemical substance, or any substance, when affected to the extent that the person’s normal faculties are impaired; or

• He/she has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood (over .08 BAC); or

• He/she has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath (over .08 BrAC).

• Florida DUI penalties differ depending on the number of prior DUI convictions and/or the driver’s Blood Alcohol Content (BAC).

1st Offense (First) – Misdemeanor DUI Penalties

• Jail for up to 180 days;

• Probation for up to 1 year (however; the total period of probation and incarceration may not exceed 1 year);

• A fine of $250 - $500;

• License suspension for 6 months – 1 year;

• 50 hours of community service (in the alternative may pay $10 per hour of community service);

• DUI School, Level 1;

• One of Defendant’s cars will be impounded for 10 days.

1st Offense Enhanced DUI (BAC Over .15%)– Misdemeanor DUI Penalties

• Jail for up to 270 days;

• A fine of $500 - $1000;

• An Interlock Ignition Device must be installed in Defendant’s car, and remain for up to 6 months.

• * If there is an accident, the defendant may be sentenced to up to 364 days in jail.

Second (2nd) Offense (1st more than 5 years earlier) Florida DUI Penalties – Misdemeanor

• Jail for up to 270 days;

• Probation for up to 1 year;

• A fine of $500 - $1000;

• License suspension for 6 months – 1 year;

• DUI School, Level 2;

• All of the Defendant’s cars will be impounded for 10 days;

• An Interlock Ignition Device must be installed in Defendant’s car, and remain for 1 year.

Second (2nd) Offense Enhanced (the 1st offense having occurred more than 5 years prior) Florida DUI Penalties – Misdemeanor

• Jail for up to 364 days;

• A fine of $1000 - $2000;

• The Interlock Ignition Device must be installed in Defendant’s car, and remain for 2 years.

• * If there is an accident, the defendant may be sentenced to up to 364 days in jail.

Second (2nd) Offense (the 1st offense having occurred within the past 5 years) Florida DUI Penalties – Misdemeanor

• Mandatory 10 days in jail, but may be up to 270 days;

• Probation for up to 1 year;

• A fine of $500 - $1000;

• License suspension for 5 years;?- DUI School, Level 2;

• All of the Defendant’s cars will be impounded for 30 days;

• The Interlock Ignition Device will be installed in Defendant’s car, and remain for 1 year.

Second (2nd) Offense Enhanced (the 1st offense having occurred within the past 5 years) Florida DUI Penalties - Misdemeanor

• Mandatory 10 days in jail, but it may be up to 364 days;

• A fine of $1000 - $2000;

• The Interlock Ignition Device will be installed in Defendant’s car, and remain for 2 years.

• * If there is an accident, the defendant may be sentenced to up to 364 days in jail.

Third (3rd) Offense Florida DUI Penalties (the 2nd offense having occurred more than 10 years prior) – Misdemeanor

• Jail for up to 364 days;

• Probation for up to 1 year;

• A fine of $1000 - $2500;

• License suspension for 6 months – 1 year;?- DUI School, Level 2;

• All of the Defendant’s cars will be impounded for 10 days;

• The Interlock Ignition Device will be installed in Defendant’s car, and remain for 2 years.

Third (3rd) Offense Enhanced Florida DUI Penalties (the 2nd offense having occurred more than 10 years prior) – Misdemeanor

• A fine of $2000 - $5000

Third (3rd) Offense Florida DUI Penalties (the 2nd offense having occurred within the past 10 years) – 3rd Degree Felony

• Jail from 30 days to 5 years;

• Probation for up to 5 years; A fine of $1000 - $5000;

• License suspension for 10 years;

• DUI School, Level 2;

• All of Defendant’s cars will be impounded for 90 days;

• The Interlock Ignition Device will be installed in Defendant’s car; and remain for 2 years.

• * There is no difference in sentence if there was an accident

Fourth (4th) Offense Florida DUI Penalties (the 3rd offense having occurred more than 10 years prior) – 3rd Degree Felony.

• All 4th Offense DUIs should be reviewed to determine if the offense is coupled as a 2nd DUI within 5 years, and/or a 3rd DUI within 10 years.

• Jail up to 5 years;

• Probation for up to 5 years;

• A fine of $1000 - $5000;

• Permanent loss of license;

• All of Defendant’s cars will be impounded for 10 days;

• No Interlock Ignition Device as the Defendant’s license will be permanently suspended.

Fourth (4th) Offense Florida DUI Penalties (the 3rd offense having occurred within the last 10 years) – 3rd degree Felony

• Jail from 30 days up to 5 years;

• All of the Defendant’s car will be impounded for 90 days.

References: Florida DUI Statue §316.193

Other Notes-

• If a driver refused to take a breath, blood or urine test after being arrested for DUI in Florida, or if the results of the breath test were .08% blood-alcohol or above, the individual only has ten days to request a hearing in order to challenge the administrative suspension of his/her driver’s license.

Enhanced penalties apply if the driver’s BAC is .15% or over) (previous to that ,it was .20% BAC) or if a minor was in the vehicle at the time of the offense.