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Penalties for DUI in Florida

For a complete and exhaustive list of penalties, see Florida statute 316.193 (Driving Under the Influence; Penalties). No matter how the DUI test is administered (field sobriety or chemical test), the penalties are the same if the driver is determined to be driving over the legal limit of alcohol.

Fines

For a driver’s first conviction, the driver will have to pay a fine of $500 to $1,000. If the driver is found to have a BAC of .15 or higher on his or her first conviction, then the fine that the driver has to pay will have to be between $1,000 and $2,000. Upon the driver’s second conviction, the driver will owe between $1,000 and $2,000 with a BAC above the legal limit. If the BAC is at .15 or higher or is driving with a minor in the car, then the fine shall be above $2,000 and below $4,000. Upon the driver’s third conviction, if the offense is more than ten years from the second arrest, there shall be a fine between $2,000 and $4,000. If there is a BAC of .15 or greater or there is a minor in the car then the fine shall not be less than $4,000. Upon a fourth conviction a fine shall not be less than $2,000.

Community Service

Upon a driver’s first conviction, 50 hours of community service or a fine of $10 for each hour of community service is required.

Probation

Upon a driver’s first conviction, a maximum of one year of either probation or incarceration may be assessed to the driver.

Imprisonment

Sometimes, sentencing for DUI offenses may be served is, “residential alcoholism or drug abuse treatment program.” Upon a driver’s first conviction, the driver may not be imprisoned for more than six months. The sentence increases to a maximum of nine months if the BAC was .15 or higher or if there was a minor in the car at the time of the arrest. Upon the driver’s second conviction, the sentence must be no longer than nine months. If the BAC is .15 or higher or if there was a minor in the car at the time of the arrest then the sentence increases to a maximum of 12 months. If convicted of a second arrest within five years of the first, an imprisonment of at least ten years is mandated. The imprisoned must serve at least 48 hours of the ten day sentence consecutively.

Impoundment and Immobilization of Vehicle

All sentences of impoundment are subject to the exception of the driver’s family not having any other means of transportation. If first conviction, the vehicle shall be impounder for ten days. Upon the second conviction with five years, the vehicle shall be impounded for thirty days. For third conviction, the vehicle shall be impounded for 90 days. The impoundment or immobilization of the vehicle must not occur concurrently with the driver’s incarceration.

Conditions for Release of Persons Arrested for DUI’s

To be released from his or her sentence the driver; must no longer be under the influence, must have his or her normal facilities no longer impaired and his or her breath/blood alcohol level must be lower than 0.05, or, eight hours must have elapsed from the time the person was arrested.

DUI Misdemeanor Conviction

If anyone causes property damage or personal injury to another person while driving under the influence is guilty of a First Degree Misdemeanor and must serve a sentence of one-year imprisonment or pay a $1,000 fine.

DUI Felony Conviction

Any person convicted of a third DUI wiyhin ten years or a fourth or subsequent DUI commits a Third Degree Felony (requiring a sentence of a $5,000 fine and/or five years in prison). If a driver causes a serioius bodily injury to another person while driving under the influence then he or she is guilty of a third-degree felony.

Manslaughter and Vehicular Homicide

A DUI/Manslaughter charge is a Second Degree Felony with a maximum $10,000 fine and/or 15 years in prison. A charge of DUI Manslaughter/ Leaving the Scene brings a First Degree Felony with a maximum of a $10,000 fine and/or 30 years in prison. A charge of Vehicular Homicide is a Second Degree Felony with a maximum charge of $10,000 fine and/or 15 years in prison. A charge of Vehicular Homice/ Leaving the Scene brings a convicted driver a First Degree Felony with a maximum charge of $10,000 and/or 30 years in prison.


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