Florida DUI Laws

Under Florida laws, a Driving Under the Influence (DUI) charge can be proven in one of two ways: impairment of normal faculties or a Blood Alcohol Content (BAC) of 0.08% or higher. BAC is determined with a blood, breath or urine test. Impairment of faculties is determined using field sobriety tests. Conviction penalties are the same regardless of the method that proves a DUI offense.

First Offenders

First offense DUI convictions carry the following penalties:

• Fines of $250 to $500 50 hours of community service
• Up to 1 year of probation
• Up to 6 months in jail
• 180 days of license revocation
• 12 hours of DUI school
• Vehicle impounded for 10 days

If the offenders BAC was 0.15% or higher, or there was minor in the vehicle the penalties go up to:

• Fines of $1,000 to $2,000
• Up to 12 months in jail

Second Offenders

Second DUI convictions carry the following penalties:

• Fines of $500 to $1000
• Up to 9 months in jail
• If the second offense was within 5 years of the first there is a mandatory imprisonment of 10 days
• 180 days to 1 year of license revocation (there is a minimum suspension of 5 years if the second conviction is within 5 years of the first conviction)
• 21 hours of DUI school
• Vehicle impounded for 30 days

If the offenders BAC was 0.15% or higher, or there was minor in the vehicle the penalties go up to:

• Fines of $2,000 to $4,000
• Up to 12 months in jail

Third Offenders

Third DUI convictions carry the following penalties:

• Fines of $2,000 to $5,000 if the 3rd conviction was more than 10 years from the 2nd conviction
• Up to 12 months in jail
• If the 3rd conviction was within 10 years of the 2nd then there is a mandatory imprisonment of at least 30 days
• Minimum license suspension of 10 years if the 3rd conviction was within 10 years of the second
• Vehicle impounded for 90 days

If the offenders BAC was 0.15% or higher, or there was minor in the vehicle the penalties go up to:

• Fines not less than $4,000

Further Penalties

Any person who is convicted of a 3rd DUI within 10 years or a 4th or subsequent DUI is charged with a 3rd degree felony which carries fines of not more than $5,000 and up to 5 years in jail. There is also a mandatory permanent license revocation for 4th and subsequent offenders.

In addition to the above penalties, there are circumstances that will result in additional charges. Any DUI that results in property damage is a 1st degree misdemeanor. A DUI that results in serious bodily injury to another person is a 3rd degree felony. A DUI that results in the death of another person is either a 1st or 2nd degree felony depending on the circumstances.

A driver in Florida can be arrested for appearing to be under the influence of drugs or alcohol, or for having a Blood Alcohol Content of 0.08% or more. A higher BAC or subsequent offenses carry higher penalties.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Florida DUI Law.

Legal Resource Site: Florida Personal Injury Attorney Gary Jodat. Serving the greater Bradenton area.