DUI Laws in Florida

The state of Florida treats those convicted of the crime of DUI differently depending on the number of prior DUIs and the facts of the case. After July 1, 2009, penalties were enhanced if the driver’s blood or breath alcohol lev is .15% or over or if a minor was in the vehicle at the time of the offense. If you are convicted of a third DUI you can be charged with a 3rd degree felony.

Below is a list of the DUI offenses in Florida and the penalties:

1st DUI – Misdemeanor

• Jail sentence of up to 180 days;
• Up to 1 year probation (total probation and incarceration may not exceed 1 year);
• Fine of $250 – $500;
• License suspension for 6 months – 1 year;
• 50 hours of community service (or $10 per hour of community service);
• DUI School (Leven 1);
• Victim Awareness Program; and
• Vehicle impounded for 10 days.

1st Offense Enhanced DUI (BAC Over .15%)

The penalties will be the same as if there was no enhancement, with the exception of those listed below:

• Jail sentence of up to 270 days;
• Fine of $500 – $1000;
• Ignition Interlock Device (IID) for up to 6 months.

2nd DUI – Misdemeanor

1st DUI more than 5 years earlier:

• Jail sentence of up to 9 months;
• Probation for up to 1 year;
• Fine of $500 – $1000;
• License suspension for 6 months – 1 year;
• DUI School (Level 2);
• Vehicle impounded for 10 days;
• Ignition Interlock Device (IID) for 1 year.

1st DUI more than 5 years before (BAC Over .15%):

The penalties will be the same as if there was no enhancement, with the exception of those listed below

• Jail sentence of up to 364 days;
• Fine of $1000 – $2000;
• Ignition Interlock Device for 2 years.

1st DUI within 5 years:

• Mandatory 10 days / up to 9 months in jail;
• Probation for up to 1 year;
• Fine of $500 – $1000;
• License suspension for 5 years;
• DUI School (Level 2);
• Vehicle impounded for 30 days;
• Ignition Interlock Device for 1 year.

1st DUI within 5 years (BAC Over .15%):

The penalties will be the same as if there was no enhancement as above, with the exception of those listed below

• Mandatory 10 days / up to 364 days in jail;
• Fine of $1000 – $2000;
• Ignition Interlock Device for 2 years.

3rd (Third) DUI

1st offense having occurred more than 10 years prior

• Jail sentence of up to 364 days;
• Probation for up to 1 year;
• Fine of $1000 – $2500;
• License suspension for 6 months – 1 year;
• DUI School (Level 2);
• Vehicle impounded for 10 days;
• Ignition Interlock Device for 2 years.

1st offense having occurred within 10 years prior

• Minimum 30 days / maximum 1 year in jail;
• Probation for up to 1 year;
• Fine of $1,000 – $2500 (If a BAC of .15 or more, fine of $2,000 – $5,000);
• License suspension for 10 years;
• DUI School (Level 2);
• Vehicle impounded for 10 days or 90 days if .15 BAC or higher;
• Ignition Interlock Device for 2 years.

4th (Fourth) DUI

• Jail sentence of up to 5 years;
• Probation for up to 5 years;
• Fine of $1000 – $5000;
• Permanent loss of license;
• Vehicle impounded for 10 days;
• Minimum of 2 year Ignition Interlock Device (IID);
• DUI school.

Administrative Suspension / Hearing

If a driver refused to take a breath, blood or urine test after being arrested for DUI in Florida, or if the results of the breath test were .08% blood-alcohol or above, the individual only has ten days to request a hearing in order to challenge the administrative suspension of his/her driver’s license. We can help you fight this administrative suspension. Call us immediately.

The Wiseman Law Firm will aggressively fight your Orlando DUI charge. We will challenge the traffic stop, the basis for your arrest and, if you submitted to a breath test, we will file motions to suppress and challenge the breath alcohol reading. Our goal is to get your charges dismissed or reduced.

Contact us now for a free consultation so we can begin putting our DUI defense experience to work for you.