A Florida driving under the influence (DUI) charge might follow a car crash or possibly a failed chemical test. Those accused of operating a motor vehicle with an elevated blood alcohol concentration (BAC) or in an obviously impaired state are at risk of numerous criminal consequences.
State law outlines maximum and minimum penalties. One of the most important considerations when determining the potential consequences of a DUI conviction is the record of the accused motorist. Individuals with prior offenses are subject to much harsher sentences than first-time offenders.
Understanding the rules that apply after a DUI arrest can help defendants make informed decisions about how they should respond.
What are the standard Florida DUI penalties?
With each subsequent offense, Florida DUI penalties increase. The possible penalties include:
- First DUI conviction: 12 months of probation, a fine of between $500 and $1,000, a driver's license revocation that lasts between six and 12 months, and potentially up to six months in jail.
- Second DUI convictions within 5 years of a prior offense: A minimum of 10 days but up to 9 months in jail, a fine of between $1,000 and $2,000, a 5-year driver's license revocation, and a requirement to complete DUI school.
- Third DUI convictions within 10 years of a prior offense: At least 30 days in jail, but up to five years in Florida State prison, a fine of up to $5,000, and a 10-year license revocation.
- Fourth DUI: At least 30 days but up to five years incarceration, up to $5,000 in fines, and permanent license revocation.
When a driver has a BAC of 0.15 or higher, the fines for a DUI conviction generally double, and the driver is subject to a mandatory ignition interlock device (IID) requirement when they regain their driver’s license.
Recent changes to the law have increased the penalties for fatal DUI and boating under the influence (BUI) collisions. Lawmakers have also increased the severity of refusing a breath or blood test. It is now a second-degree misdemeanor that carries up to 60 days in jail instead of just a minor offense that carries a driver's license suspension.
Anyone facing Florida DUI charges may need assistance understanding potential consequences and preparing for court. Consulting with a criminal defense attorney can help DUI defendants strategize to avoid the worst consequences after a conviction.
