DUI Penalties
The penalties for DUI in Florida are among the toughest in the nation. If you plead to a DUI, the judge is required by law to enter a conviction of guilt and may not withhold adjudication. Florida DUI laws include many mandatory minimum sentencing provisions, and a sentencing scheme that increases dramatically with each additional conviction or aggravating factor. Under Florida law, DUI is proven by impairment of normal faculties or blood alcohol of .08 or higher.
First DUI
A first offense DUI is punishable as follows:
Fine of $250-$500 (double if blood alcohol .15 or higher, or person 18 or under in vehicle)
Driver's license revocation of six months to one year
Imprisonment of not more than six months (nine months if blood alcohol .15 or higher, or person 18 or younger in vehicle)
Ten day vehicle impoundment or immobilization
Mandatory reporting probation not to exceed one year
Mandatory conditions of probation include attendance at an approved alcohol safety education class with a substance abuse evaluation and any treatment recommended, and mandatory minimum 50 hours of community service or additional fine of $10 for each hour of community service
Second DUI
If the date of offense is more than five years of the prior conviction (an out-of-state conviction counts as a prior), the penalties are as follows:
Fine of $500-$1000 (double if blood alcohol .15 or higher, or person 18 or younger in vehicle)
Driver’s license revocation of six months to one year
Imprisonment of not more than nine months (12 months if blood alcohol .15 or higher, or person 18 or younger in vehicle)
Thirty-day vehicle impoundment or immobilization
Mandatory reporting probation with the same conditions as a first DUI
If the date of the offense is within five years of the prior conviction, the following apply:
Mandatory minimum ten-day jail term (at least 48 hours must be consecutive)
Five-year driver's license revocation (may be eligible for hardship reinstatement after one year)
Ninety-day vehicle impoundment or immobilization
Third DUI
If the date of offense is more than ten years of a prior conviction, the penalties are as follows:
Fines of $1,000-$2,500 (minimum $2,000 if blood alcohol .15 or higher, or person 18 or younger in vehicle)
Driver's license revocation of six months to one year
Imprisonment of not more than one year
Ninety-day vehicle impoundment or immobilization
Mandatory reporting probation with the same conditions as first or second DUI
If the date of the offense is within 10 years of a prior conviction, the person can be prosecuted for felony DUI, a third-degree felony which carries a maximum of five years in state prison, mandatory minimum 30-day jail term (at least 48 hours consecutive), a fine of $1,000 to $5,000 (minimum $2,000 if blood alcohol .15 or higher, or person 18 or younger in vehicle), a ten-year driver’s license revocation (may be eligible for hardship reinstatement after two years)
If one prior conviction is within five years and another is more than 10 years prior, five-year revocation of driver’s license (hardship eligibility after one year)
Fourth or Subsequent DUI
If a person has three prior convictions for DUI, the person may be prosecuted for Felony DUI, a third degree felony which carries a maximum of five years in state prison (or as provided in s. 775.084, Fla. Stat., if a habitual/violent offender), a fine of $1,000 to $5,000 (minimum $2,000 if blood alcohol .15 or higher, or person 18 or younger in vehicle) and a mandatory permanent driver's license revocation (no hardship reinstatement)
DUI Causing Serious Injury or Death
If a person is DUI and causes or contributes to the cause of a crash involving serious injury, the person is subject to being charged with a DUI - Serious Injury, a third degree felony, carrying a maximum of five years in state prison (or as provided in s. 775.084, Fla. Stat., if a habitual/violent offender), a fine of $1,000 to $5,000, and a mandatory minimum three year driver's license revocation
If the person is DUI and causes or contributes to the cause of a crash involving death, the person is subject to being charged with DUI-Manslaughter, a second degree felony, carrying a maximum of 15 years state prison, maximum fine $10,000, and a mandatory permanent revocation of the driver's license (if no prior DUI related convictions, may be eligible for hardship reinstatement after five years)