Being arrested for driving under the influence (DUI) in Florida or anywhere else in the United States is a very serious matter. Because of the grave nature of a DUI, the state of Florida takes the crime very seriously and issues tough penalties against individuals who are convicted. It’s important to know the types of penalties you can face if you are convicted and to have a skilled criminal defense attorney on your side.
General Penalties for DUI in Florida
The specific penalties for a DUI in Florida vary depending on the individual’s history, whether they have a prior DUI conviction, their blood alcohol concentration (BAC), who else was in the vehicle at the time of the incident and whether they are under the age of 21. Generally, a person who is arrested for a DUI and subsequently convicted of the crime will face jail time, fines, and suspension of their driver’s license, probation and substance abuse classes.
Penalties for a First Offense DUI
A first offense DUI is charged as a misdemeanor. The penalties for a conviction include the following:
- A maximum of six months in prison
- A maximum of one year of probation, which is combined with imprisonment
- A fine ranging from $250 to $500
- License suspension from six months to one year
- Vehicle impoundment for 10 days
- Community service of a minimum of 50 hours
- Substance abuse classes at DUI school
Enhanced Penalties for a First Offense DUI
If the defendant has a DUI with a BAC of 0.15 or greater or had a minor in the vehicle with them at the time of the offense, they can face enhanced penalties. Those include the following:
- A maximum of nine months in prison
- A fine ranging from $1,000 to $2,000
- Interlock ignition device on the person’s vehicle for up to six months
Penalties for a Second Offense DUI in Over Five Years
If the individual has had one prior DUI offense in more than five years, they are charged with a second offense DUI, which is a misdemeanor. The penalties they can face include the following:
- A maximum of nine months in prison
- A maximum of one year of probation
- A fine ranging from $500 to $1,000
- License suspension from six months to one year
- Vehicle impoundment for 10 days
- Substance abuse classes at DUI school
- Interlock ignition device on vehicle for one year
Enhanced Penalties for a Second Offense DUI in Over Five Years
When the individual has a second offense DUI but has a BAC greater than 0.15 or has a minor in their vehicle, the penalties are enhanced. They can face the following:
- A maximum of one year in prison
- A fine ranging from $2,000 to $4,000
- License suspension of six months to one year
- Interlock ignition device on vehicle for two years
Penalties for Second Offense DUI in Under Five Years
A second offense DUI in less than five years is charged as a misdemeanor and carries the following penalties:
- 10 days to nine months in prison
- Up to one year of probation
- A fine ranging from $500 to $1,000
- License suspension for five years
- Vehicle impoundment for 30 days
- Substance abuse classes
- Interlock ignition device on vehicle for one year
Enhanced Penalties for Second Offense DUI in Under Five Years
There are enhanced penalties for a second offense DUI in under five years with a BAC greater than 0.15 or with a minor in the vehicle. They include the following:
- 10 days to one year in prison
- Fine ranging from $1,000 to $2,000
- Interlock ignition device on vehicle for two years
Penalties for Third Offense DUI in Over 10 Years
A third offense DUI in over 10 years is a misdemeanor and carries with it the following penalties:
- A maximum of one year in prison
- A maximum of one year of probation
- Fine ranging from $2,000 to $5,000
- License suspension for six months to one year
- Vehicle impoundment for 10 days
- Substance abuse classes
- Interlock ignition device on vehicle for two years
Penalties for Third Offense DUI in Under 10 Years
A third offense DUI in less than 10 years is charged as a felony. The penalties are even more severe and include the following:
- A minimum of 30 days to a maximum of five years in prison
- A maximum of five years of probation
- Fine of $2,000 to $5,000
- License suspension for 10 years
- Vehicle impoundment for 90 days
- Substance abuse classes
- Interlock ignition device on vehicle for two years
Enhanced Penalties for Third Offense DUI Within 10 Years
A third offense DUI within 10 years comes with enhanced penalties when the individual’s BAC is greater than 0.15 or a minor was in the car with them at the time of the offense. They include the following:
- A fine of a minimum of $4,000
If you have been arrested for a DUI, you need an experienced lawyer on your side. A lawyer like William Hanlon criminal defense attorney in Tampa can help assist you with all of these charges.
