Florida DUI Laws

Florida DUI Laws

When a person is convicted for DUI in the state of Florida, it triggers 2 cases; first the court case and then the Florida Department of Highway Safety and Motor Vehicles case.

Note - A person who is arrested for DUI only has 10 days to request a Department of Highway Safety hearing.

In the court case, punishment is determined that can range from jail time, fines, manditory alcohol abuse counseling sessions and ignition interlock devices. The Florida Department of Highway Safety and Motor Vehicles case determines how long one will lose their license for.

A DUI charge can be brought against a resident of Florida one of 2 ways. First, if the person is driving while he/she is impaired by alcohol or drugs, and second, by "per se" law in which a driver's blood alcohol level (BAC is at or above .08.

Punishment for DUI offenses are calculated based on the number of prior DUI convictions.

First offense results in; fine between $250 and $500, and if BAC is over .2 or if a minor is in the vehicle, between $500 and $1000.

Second offense results in; fine between $500 or $1000 or if BAC is over .2 or if a minor is in the vehicle, between $1000 and $2000.

Third offense within 10 years of previous, results in; fine up to $5000, and with minor in the vehicle or BAC over .2, no less than $2000.

Fourth offense results in; no less than $1000, and if BAC is over .2 no less than $2000.

Community service is manditory for any first time DUI conviction equal to 50 hours.

Jail sentences also depend on the amount of previous convictions.

First offense results in; no less than 6 months in jail and if BAC is over .2 or if there is a minor in the vehicle, no more than 9 months. Sentence can also be served in a residential alcoholism or drug abuse treatment program.

Second offense results in; no more than 9 months in jail, and if BAC is over .2 or if there is a minor in the vehicle, no more than 12 months. If conviction is within 5 years of the first, it results in a manditory 10 day prison stay.

Third offense results in; manditory 30 day prison stay if offense is within 10 years of previous, if conviction is more than 10 years after previous, it results in jail time for no less than 1 year.

Fourth offense results in; no more than 5 years in jail.

In Florida a person's car is also subject to impoundment if they are convicted of DUI.

First offense - 10 days

Second offense - 30 days

Third offense - 90 days

A person who is responsible for causing bodily harm while driving impaired is charged with a Third Degree Felony, resulting in up to a $5000 fine, and 5 years in prison.

The Department of Highway Safety and Motor Vehicles determines how long a person loses their license for.

First DUI offense results in; between 180 days and 1 year suspention.

Second offense results in; minimum 5 year revocation if within 5 years of first conviction.

Third offense within 10 years of previous results in; minimum 10 year suspention.

Fourth offense results in; permanent revocation.

Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide, results in; 3 year license revocation.

Underaged drinkers who are caught driving with a BAC of .02 or higher, face' 6 month suspention for first offense and 1 year for second offense.

First refusal for a chemical test is 1 year with second refusal resulting in an 18 month license revocation.