DUI Penalties


A DUI arrest can begin with an officer stopping a vehicle or an accident. If the basis for investigation is an accident, the case may depend on whether someone can identify the arrestee as the driver. If not, the State may not be able to prove that a crime was committed. Even if the vehicle was parked, an officer’s interaction with the driver may count as a traffic stop. It is important that the reason for the stop be thoroughly examined to determine whether a motion to suppress is appropriate. After the
stop the officer usually conducts field sobriety exercises. These also need to be examined closely. Field sobriety exercises are unusual activities, but the officer is using them to test your “normal” faculties. Physical problems such as bad coordination or injuries may explain difficulties with these exercises. DUI convictions carry mandatory penalties which are required by the Florida Statutes:

First DUI Conviction with no aggravators, blow under .15

  • Maximum jail time of six months.
  • Driver’s licenses suspension of not less than six months, not more than one year.
  • A hardship license can be obtained after completion of DUI school.
  • Fifty hours of community service.
  • Up to one year of probation.
  • A fine of not less than $500, not more than $1000.
  • Ten day vehicle impoundment.
  • DUI school.

First Conviction with a minor in the car or a blow of over .15.

  • Maximum jail time of nine months.
  • Driver’s licenses suspension of not less than six months, not more than one year.
  • A hardship license can be obtained after completion of DUI school.
  • Fifty hours of community service.
  • Up to one year of probation.
  • A fine of not less than $1000, not more than $2000.
  • Ten day vehicle impoundment.
  • DUI school.

Second Conviction within 5 years of the prior, no aggravators.

  • Maximum jail time of nine months.
  • Mandatory jail time of ten days.
  • Five year driver’s license suspension.
  • Hardship license can be obtained after one year.
  • Fifty hours community service.
  • Up to one year of probation.
  • Fine of not less than $1000, not more than $2000.
  • Thirty day vehicle impoundment.
  • Ignition interlock for at least one year.
  • DUI school

Second Conviction with minor in car or blow of .15 or higher.

  • Maximum jail time of twelve months.
  • Mandatory jail time of ten days.
  • Five year driver’s license suspension.
  • Hardship license can be obtained after one year.
  • Up to one year of probation.
  • Fine of not less than $1000, not more than $2000.
  • Thirty day vehicle impoundment.
  • Ignition interlock for at least one year.
  • DUI school.

Third Conviction more than ten years after second conviction.

  • Maximum jail time of twelve months.
  • Mandatory jail time of thirty days.
  • Fine not specified.
  • Ignition interlock for at least two years.
  • Fourth conviction
  • Can be charged as a felony.
  • Minimum fine of $2000.
  • Lifetime driver’s license suspension.
Josh Faett, Esq.

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