FLORIDA DUI PENALTIES – ORLANDO DUI ATTORNEYS
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Florida DUI Penalties – Orlando DUI Attorney
The Florida DUI penalties a defendant faces include jail, probation, fines, community service, court ordered programs, and having a conviction on their record. In addition to these criminal Florida DUI penalties, there are many other negative consequences that may affect the defendant, such as:
1) Termination or Denial of employment.
2) Loss or Denial of professional licenses.
3) Suspension or expulsion from school.
4) Loss of grants or scholarships.
5) Loss of civil rights, including the right to vote.
6) Loss of right to possess firearms.
7) Administrative drivers license suspension.
8) Deportation or denial of citizenship.
9) Loss of reputation in your community.
The following Charts list the Florida DUI Penalties for DUI Offenses without aggravating factors, however, please note that the charts do not include the additional penalties for a DUI involving damage to persons or property, serious bodily injury, or death of any human being. Any of these situations significantly increases the penalties the defendant faces.
First Offense – Florida DUI Penalties:
| Jail Time | Up to 180 Days in Jail (If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle up to 270 Days in Jail) |
| Probation | Up to 1 year of Probation |
| Drivers License Suspension |
Minimum of 6 months and Maximum of 1 year (Individuals may be Eligible for Business Purpose Only License upon enrollment or completion of DUI classes and expiration of 30 day wait period if they took breath test or 90 day wait period if they refused the breath test) |
| Community Service Hours | Minimum of 50 Hours |
| Court Ordered Programs | DUI Counter Attack Program – Level I, Victim Awareness Class, Substance Abuse Evaluation and any recommended treatment |
| Vehicle Impoundment | Not less than 10 Days |
| Ignition Interlock |
Not less than 6 months, when the convicted person qualifies for a permanent or restricted license If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle |
| Fines |
Minimum of $500 fine and Maximum of $1,000 fine (Note: If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle – Minimum of $1,000 fine and Maximum of $2,000 fine) |
| Court Costs | Over $300 |
Second Offense – Florida DUI Penalties:
| Jail Time |
Up to 270 Days in Jail (Note: If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle up to 1 year in Jail, also If the second DUI is within 5 years of the first conviction – Minimum of 10 days in jail) |
| Probation |
Up to 1 year of Probation |
| Drivers License Suspension |
If within 5 years of the first conviction – Minimum of 5 years If outside of 5 years of first conviction – up to 1 year and you will not be eligible for Business Purpose Only License for the entire duration of the suspension. |
| Community Service Hours |
No Minimum Hours |
| Court Ordered Programs |
DUI Counter Attack Program – Level II, Victim Awareness Class, Substance Abuse Evaluation and any recommended treatment |
| Vehicle Impoundment |
If within 5 years of first offense – Not less than 30 Days If outside of 5 years of first conviction – Not less than 10 Days |
| Ignition Interlock |
At least 1 year upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. (Note: Not less than 2 years If Breath/Blood years in the vehicle) |
| Fines |
Minimum of $1,000 fine and Maximum of $2,000 fine (Note: If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle – Minimum of $2,000 fine and Maximum of $4,000 fine) |
| Court Costs |
Over $300 |
Third Offense – Florida DUI Penalties:
| Jail Time |
Up to 1 year in Jail (Note: If within 10 years of a prior conviction, it is a 3rd Degree Felony punishable by 5 years in State Prison. Also, if it is within 10 years of a prior conviction, there is a minimum of 30 days in jail.) |
| Probation |
Up to 1 year of Probation (Note: If within 10 years of a prior conviction up to 5 years of Probation.) |
| Drivers License Suspension |
If within 10 years of a prior conviction – Minimum of 10 years. If outside of 10 years of first conviction – 1 year |
| Community Service Hours |
No Minimum Hours |
| Court Ordered Programs |
DUI Counter Attack Program – Level II, Victim Awareness Class, Substance Abuse Evaluation and any recommended treatment |
| Vehicle Impoundment |
If within 10 years of a prior conviction – Not less than 90 Days If outside of 10 years of prior conviction – Not less than 10 Days |
| Ignition Interlock |
At least 2 years upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license |
| Fines |
Minimum of $2,000 fine and Maximum of $5,000 fine (Note: If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle – Minimum of $4,000 fine) |
| Court Costs | Over $300 |
Florida DUI Statutes:
Florida Statute 316.193 – Driving under the influence; penalties.
Florida Statute 316.1932 – Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
Florida Statute 316.1933 – Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.
Florida Statute 316.1934 – Presumption of impairment; testing methods.
Florida Statute 322.2615 – Suspension of license; right to review.
Florida Statute 322.2616 – Suspension of license; persons under 21 years of age; right to review.
Florida DUI Penalties / Orlando DUI Lawyer Services:
Speak with a Orlando DUI Lawyer and review our website for more information on Driving Under the Influence and other Florida criminal offenses:
Florida Crimes Menu
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