Penalties for DUIs in Florida
by Joshua Adams, Esq.
In Florida, DUI's carry significant mandatory minimum penalties, including mandatory adjudication of guilty. That means if you have been charged with a DUI, the only way to not end up with an adjudication of guilty to the DUI on your permanent record, is to either have the charge dismissed by the state or court, or to plea to a lesser charge, the most common of which is reckless driving (although not actually a lesser included offense strictly speaking). Below is a chart of other mandatory penalties:
BAL. under 0.15 BAL. 0.15 or Greater or Accompanied by Minor
Fine: MINIMIM MAXIMUM MINIMIM MAXIMUM
1st Offense: $500 $1000 $1000 $2000
2nd Offense: 1,000 2,000 2,000 4,000
3rd Offense: 2,000 5,000 4,000 5,000
4th Offense (Felony)
Jail:
1st Offense 0-180 days incarceration 0-270 days incarceration
2nd Offense not w/in 5 yrs of 1st Conviction 0 -270 days incarceration 0-365 days incarceration
2nd Offense w/in 5 yrs of 1st Conviction 10-270 days incarceration 10-365 days incarceration
3rd Offense not w/in 10 yrs of 2nd Conviction 0-365 days incarceration 0-365 days incarceration
3rd Offense w/in 10 yrs of 2nd Conviction 30-365 days incarceration 30--365 days incarceration
4th Offense (Felony) Up to 5 yrs in State Prison Up to 5 yrs in State Prison
Ignition Interlock Devise:
1st Offense N/A 180 days minimum
2nd Offense 1 year minimum 2 years minimum
3rd Offense 2 years minimum 2 years minimum
4th Offense not w/in 10 yrs of 3rd Conviction N/A N/A
4th Offense w/in 10 yrs of 3rd Conviction 2 years minimum N/A
Vehicle Impoundment or Immobilization:
1st Offense 10 days
2nd Offense not w/in 5 yrs of 1st Conviction 10 days
2nd Offense w/in 5 yrs of 1st Conviction 30 days
3rd Offense not w/in 10 yrs of 2nd Conviction 10 days
3rd Offense w/in 10 yrs of 2nd Conviction 90 days
4th Offense
Driver's License Action: Minimum Maximum
1st Offense 180 days revocation 1 year revocation
2nd Offense not w/in 5 yrs of 1st Conviction 180 days revocation 1 year revocation
2nd Offense w/in 5 yrs of 1st Conviction 5 Year revocation
3rd Offense not w/in 10 yrs of 2nd Conviction
3rd Offense w/in 10 yrs of 2nd Conviction 10 Year revocation
4th Offense permanent revocation
Classes:
DUI Counter Attack Class (DUIAC) Level I - First Offender or Level II all other Offenders (Mandatory)
State Approved driving training, substance abuse education course, substance abuse evaluation and treatment if recommended, Victim Awareness - Irresponsible driving impact on the community, victims and families- (May be Court Ordered)
Community Service
50 hours minimum (First Offenders)
DUI Causing Damage to Person or Property of Another (Same as DUI Enhanced)
Habitual Traffic Offender:
Convictions of three or more of certain types of traffic offenses, including DUI, within 5 years will result in a 5 year license revocation as a habitual traffic offender.