Florida’s DUI laws prohibit anyone operating a vehicle while their normal faculties are impaired from drugs or adult drivers with a blood/breath alcohol level of .08 and above or commercial vehicle drivers with a .04 or higher.
Florida has a Zero Tolerance Law for drivers under 21 years with any detectable blood/breath alcohol but uses .02 as the legal standard.
More states are cracking down on DUI offenses and imposing stricter penalties and tougher sentences. Florida is no exception.
Administrative and Criminal Prosecution
A Florida DUI arrest ignites two fires; a criminal prosecution on the court end and an administrative suspension of a driver’s license under DMV on the other end. From the date of arrest, defendants have 10 days to request a hearing from the Florida Department of Public Safety and Motor Vehicles. Hiring a qualified Florida DUI lawyer is highly recommended because these lawyers possess the knowledge and experience to minimize the punishment which can have long term effects on your future.
Florida Penalties
Penalties vary depending on whether it is a first, second, third, or fourth offense. If the blood alcohol level is .15 and above or if a minor is present in the car, then the penalties will be much harsher.
First DUI Conviction
- Fine between $500 and $1000
- Imprisonment ot more than 6 months . Up 9 months with BAL of .15 or higher or minor in the vehicle.
- Suspension of license from 6 months to a year
- Community service of 50 hours or additional fine of $10 for each hour required
Vehicle impounded for 10 days
- Treatment program may be substituted for imprisonment
Second DUI Conviction
- Mandatory imprisonment of 10 days. Not more than 12 months
- Ignition Interlock device for at least a year
- Fines of $1,000 to $2,000
- Drivers license suspension of 5 years
Third DUI Conviction
- 3rd degree felony conviction
- Mandatory 30 day imprisonment. Not more than 12 months
- Fines of $2,000-$5,000
- Drivers license suspension of 10 years
Fourth DUI Conviction
- 3rd degree felony conviction
- Up to 5 years imprisonment
- Permanent suspension of drivers license
- $2,000 in fines or above
Breathalyzer Test Refusal
- Drivers license suspension of one year after first refusal
- Drivers license suspension of 18 months and misdemeanor offense after first refusal
DUI convictions in Florida can result in serious charges. First and second convictions, and DUI associated with property damage are usually considered misdemeanors. A DUI that causes serious bodily injury is considered a 3rd degree felony.
A DUI resulting in death will fall under either a first or second degree felony charge. Florida DUI attorneys are professionally trained and experienced in seeking the best outcome or leniency in these cases.
