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Naples, FL |

I am curious of a certain situation. I have a friend that is male 46 who recently was charged with a DUI in So. FL. History is 2 years ago DUI with help of attorney reduced to wreakless driving. Prior offenses were DUI in N. Carolina now over 10 years old since the one 2 years ago and another DUI before that. $250 was the bail and although it showed 1st offense for this infraction, I have no doubt the priors will show up. He has the same atty. and is fighting the idea of jail. As a new paralegal not yet in the business I am curious since I have not had criminal. How many of these does someone get before they go to jail. I just told him to get the atty. ASAP. He has kids single parent. I dont speak nothing of jail, only say let the atty do their job. He was on house arrest band and suspention of license with last problem 2 years ago, but no jail. I'm just looking for some education on the matter. I never give advise, this is for my knowledge only.Thank You for any info on the FL laws.

My question : Is there a possibilty of jail with so many infractions? If so one year? Two?

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Attorney answers 1


In Florida, there is no mandatory jail for a first offense DUI or for a second offense if the most recent conviction was more than five years ago. However, a second DUI within 5 years carries 10 days of mandatory jail, and most judges will give considerably more. A third DUI when the most recent conviction was less than ten years ago requires at least 30 days in jail. However, Florida law allows time spent in a state-sanctioned alcohol program to count against the jail time, so that is often the best way to go.
A complete chart of the Florida DUI penalties is available on my website:
Good luck.