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FLORIDA DUI PENALTIES AND SENTENCING

If you are arrested for a DUI in the state of Florida, you are facing a serious criminal charge. If convicted of a Florida DUI, your sentence will include numerous conditions such as a fine, jail, driver’s license suspension, impoundment of your car, an ignition interlock device, and probation. DUI convictions can carry serious consequences beyond the criminal justice system. They can affect your job, automobile insurance premiums, and your wallet.

I have outlined what your sentence may be depending on your prior convictions or lack thereof and the timing of any subsequent offenses or convictions. This list is certainly not exhaustive as other conditions may apply depending on the specific facts of your case. As always, if you are arrested for any criminal driving offense or a DUI, I urge you to seek the counsel of a qualified attorney in your area. An experienced DUI attorney can help guide you through the complicated process of a DUI charge.

FIRST TIME CONVICTION

FINES
Not less than $500 or more than $1,000 (If blood or breath .15 or higher or minor in automobile, then not less than 1,000 and not more than $2,000.00).

JAIL
Not more than 6 months (If the person causes damage to the property of another; then up to 1 year in jail).

DRIVER’S LICENSE SUSPENSION UPON CONVICTION
License shall be revoked for at least 180 days but not more than 1 year.
(Hardship License may be obtained).

INTERLOCK DEVICE
If ordered by the Court (IF blood or breath .15 or higher or minor in automobile; then at least 6 months).

OTHER POSSIBLE CONDITIONS OF DUI SENTENCE FOR A FIRST TIME CONVICTION
12 months of probation, 50 hours of community service, DUI School, 10 Impoundment of you automobile, a Victim Impact Panel, no consumption of alcohol, random drug or alcohol testing, prohibition to attend a bar, any other condition the Judge may deem relevant to the facts of your case.

SECOND CONVICTION FOR AN OFFENSE OCCURING WITHIN 5 YEARS AFTER THE DATE OF A PRIOR CONVICTION

FINES
Not less than $1,000 or more than $2,000. (IF blood or breath .15 or higher or minor in automobile, then not less than 2,000 and not more than $4,000.00).

JAIL
Not more than 9 months (If the person causes damage to the property of another; then up to 1 year in jail).
*MINIMUM MANDATORY JAIL* The court shall order imprisonment of not less than 10 days.

DRIVER’S LICENSE SUSPENSION UPON CONVICTION
License shall be revoked for not less than 5 years (May obtain hardship after 1 year).

INTERLOCK DEVICE
At least one year (IF blood or breath .15 or higher or minor in automobile; then at least 2 years).

OTHER POSSIBLE CONDITIONS OF DUI SENTENCE FOR A SECOND TIME CONVICTION WITHIN 5 YEARS AFTER THE DATE OF A PRIOR CONVICTION
12 months of probation, Level II DUI School, 30 Impoundment of you automobile, a Victim Impact Panel, no consumption of alcohol, random drug or alcohol testing, prohibition to attend a bar, any other condition the Judge may deem relevant to the facts of your case.

SECOND CONVICTION FOR AN OFFENSE
OCCURING BEYOND 5 YEARS AFTER THE DATE OF A PRIOR CONVICTION

FINES
Not less than $1,000 or more than $2,000. (IF blood or breath .15 or higher or minor in automobile, then not less than 2,000 and not more than $4,000.00).

JAIL
Not more than 9 months (If the person causes damage to the property of another; then up to 1 year in jail). **No minimum mandatory jail sentence.

DRIVER’S LICENSE SUSPENSION UPON CONVICTION
License shall be revoked for at least 180 days but not more than 1 year.
(No Hardship License may be obtained).

INTERLOCK DEVICE
At least one year (IF blood or breath .15 or higher or minor in automobile; then at least 2 years).

OTHER POSSIBLE CONDITIONS OF DUI SENTENCE FOR A SECOND TIME CONVICTION 5 YEARS AFTER THE DATE OF A PRIOR CONVICTION
12 months of probation, Level II DUI School, 30 Impoundment of you automobile, a Victim Impact Panel, no consumption of alcohol, random drug or alcohol testing, prohibition to attend a bar, any other condition the Judge may deem relevant to the facts of your case.

THIRD OR SUBSEQENT CONVICTION FOR AN OFFENSE THAT OCCURS WITHIN 10 YEARS AFTER THE DATE OF A PRIOR CONVICTION

*STATE CAN CHARGE A THIRD DEGREE FELONY CHARGE PUNISHABLE BY UP TO 5 YEARS IN PRISON*

FINES
Not less than $2,000 or more than $5,000. (IF blood or breath .15 or higher or minor in automobile, then not less than 4,000.).

JAIL
If a felony up to 5 years in prison. (If a misdemeanor then up to 1 year in jail).
*MINIMUM MANDATORY JAIL* The court shall order imprisonment of not less than 30 days whether a felony or misdemeanor.

DRIVER’S LICENSE SUSPENSION UPON CONVICTION
License shall be revoked at least 10 years. However, if fourth or subsequent conviction, the court shall permanently revoked the driver’s license (May obtain hardship after 5 years if a third conviction within 10 years).

INTERLOCK DEVICE
At least 2 years (A fourth or subsequent offense of DUI, the interlock device shall be installed for a period of at least 5 years).

OTHER POSSIBLE CONDITIONS OF DUI SENTENCE FOR A THIRD TIME CONVICTION WITHIN 10 YEARS AFTER THE DATE OF A PRIOR CONVICTION
12 months of probation OR UP TO 5 YEARS IF A FELONY, Level II DUI School, 90 Impoundment of you automobile, a Victim Impact Panel, no consumption of alcohol, random drug or alcohol testing, prohibition to attend a bar, any other condition the Judge may deem relevant to the facts of your case.

THIRD CONVICTION FOR AN OFFENSE THAT OCCURS BEYOND 10 YEARS AFTER THE DATE OF A PRIOR CONVICTION

*A FOURTH OR SUSEQUENT CONVICTION CAN BE CHARGED AS A THIRD DEGREE FELONY PUNISHABLE BY UP TO 5 YEARS IN PRISON*

FINES
Not less than $2,000 or more than $5,000. (IF blood or breath .15 or higher or minor in automobile, then not less than 4,000.).

JAIL
If a felony up to 5 years in prison. (If a misdemeanor then up to 1 year in jail).

DRIVER’S LICENSE SUSPENSION UPON CONVICTION
License shall be revoked for at less than 1 year (No hardship if 1 year suspension of a third conviction outside of 10 years). However, if fourth or subsequent conviction, the court shall permanently revoked the driver’s license (May obtain a hardship after 5 years).

INTERLOCK DEVICE
At least 2 years (A fourth or subsequent offense of DUI, the interlock device shall be installed for a period of at least 5 years).

OTHER POSSIBLE CONDITIONS OF DUI SENTENCE FOR A THIRD TIME CONVICTION OCCURING BEYOND 10 YEARS AFTER THE DATE OF A PRIOR CONVICTION
12 months of probation OR UP TO 5 YEARS IF A FELONY, Level II DUI School, 90 Impoundment of you automobile, a Victim Impact Panel, no consumption of alcohol, random drug or alcohol testing, prohibition to attend a bar, any other condition the Judge may deem relevant to the facts of your case.

OTHER POSSIBLE DUI PENALTIES

If DUI and cause serious bodily injury commits a felony of the third degree punishable by up to 5 years in prison

If DUI manslaughter commits a felony of the second degree punishable by up to 15 years in prison and shall be sentenced to a mandatory minimum term of imprisonment of 4 years. (If a person commits a DUI manslaughter and knew or should have known that a crash occurred and fails to give information or render aid pursuant to Florida Statute Section 316.062 commits a felony of the first degree punishable by up to 30 years in prison.