Consequences of a Florida DUI
Free Consultation With a Florida DUI Lawyer In Your Area:
DUI penalties vary depending on the number of convictions you have had, if any, and the individual circumstances of the incident. Penalties include jail time, driver’s license suspension, community service, vehicle impoundment, DUI school, substance abuse evaluation and possible treatment, random testing, victim impact panels and fines and court/prosecution costs.
Florida DUI Penalties, Sanctions or Punishments
After an individual has been arrested in Florida for Driving Under The Influence (“DUI”), one of the first questions of concern is “Am I going to jail or what are the punishments I am looking at?” An initial consultation with an experienced Florida DUI lawyer can provide the best answers as each case is unique involving different factors and circumstances. The penalties also will vary depending on the criminal charges that were filed against you. However, the State of Florida does have a set standard of minimum penalties, sanctions and punishments which increase in severity depending on whether you have prior convictions.
Visit our Florida DUI lawyer directory to find an experienced Florida DUI lawyer in your area who will offer a free initial consultation to discuss the particular penalties associated with your case.
Florida’s Statutory Minimum Mandatory Requirements For DUI Convictions
The Florida statutes provide minimum mandatory punishments to be imposed by the Court in every case when an individual is convicted of a DUI. The most important thing to consider is that a negotiated plea with the prosecutor may result in less severe punishment than the mandatory minimum. An experienced Florida DUI attorney represents will often be able to build a strong enough defense to encourage the prosecutor to consider negotiating a plea deal.
In almost every case, the minimum mandatory penalties are far greater and much more costly than people charged with their first DUI in Florida would expect. These are just the minimum punishments, and the court may decide to impose more severe penalties when reviewing the facts and circumstances of your case.
To see the minimum mandatory penalties you are facing, click the link that best describes your charge below:
- First Time Offense
- Second Time Offense
- Third Time Offense
- DUI with Property Damage
- DUI with Non-Serious Bodily Injury
- DUI with BAC over .15 or DUI with Minor in Vehicle
- Felony DUI with Serious Bodily Injury
- Felony DUI - Fourth or Subsequent DUIs
- DUI - Under the Age of 21
- Commercial Vehicle DUIs
- DUI Manslaughter
- Manslaughter plus Leaving the Scene
- DUI Manslaughter with Prior DUI
- Boating Under the Influence (BUI)
- DUI Probation Violations
Jail Sentencing Associated With DUI Convictions
First DUI Conviction:Up to six (6) months in jail. The jail sentence may be increased up to nine (9) months if the blood alcohol concentration (“BAC”) results were .15 or over. The jail sentence may also be increased to nine (9) months if a minor child was in the vehicle at the time of arrest.
Second DUI Conviction (within 5 years): Upon receiving a second DUI conviction within 5 years of a previous DUI conviction, you are facing up to nine (9) months in jail. The penalty may be increased or “enhanced” to a jail sentence of up to (12) twelve months if the blood alcohol level (“BAC”) results were over .15. The jail sentence also may be increased to (12) twelve months if there was a minor was in the vehicle at the time you were arrested for DUI. The minimum mandatory jail sentence is 10 days. An individual also must serve (48) forty-eight hours of consecutive confinement.
Third DUI Conviction: Any individual convicted of a third DUI in the State of Florida will serve a minimum (30) thirty days of mandatory jail time should the third conviction occur within (10) ten years of the second conviction. There also may be a jail term imposed of up to (12) months for a third DUI conviction within or after (10) ten years of a second DUI conviction.
Fourth or Subsequent Felony DUI Conviction: Anyone convicted of a fourth DUI or subsequent DUI in the State of Florida is facing a prison sentence of up to (5) five years or longer.
Florida DUI Fines
Florida Statute Section 316.193(2)(a) through (b), provides the fines that can be imposed on an individual convicted of a DUI. These fines may be increased or “enhanced” depending on the circumstance of your case, such as, whether or not a minor child was in the vehicle at the time of arrest or whether or not this is a repeat offence or there was property damage or personal injury involved.
First DUI Conviction: The fine for a first time DUI conviction is between $500 and $1,000. The fines increase to a minimum of $1,000 to a maximum of $2,000 if the BAC results were .15 or higher. This increase also is added if a minor was in the vehicle at the time of your arrest.
Second DUI Conviction: The fine for a second DUI conviction in the State of Florida is between $1,000 and $2,000. This fine can be increased to between $2,000 to $4,000 with a BAC result of .15 or higher and/or if a minor child was in the vehicle at the time of your arrest.
Third DUI Conviction: A third DUI conviction (outside of 10 years) will result in a fine of a minimum $2,000 up to $5,000. The minimum fine is increased to $4,000 if the result of your BAC was .15 or higher and/or if a minor child under the age of 18 was in the vehicle at the time of your arrest.
Fourth DUI Conviction: A fourth DUI in the State of Florida becomes a mandatory felony charge. Any fines may not be less than $2,000.
If you need immediate assistance, please call our 24/7 Florida DUI helpline at (800) 687-2252 to speak with an attorney. All phone calls are answered 24 hours a day and 7 days a week. You may also search our Florida DUI Lawyer directory for a local Florida DUI attorney to discuss your case (by appointment only).
