What Are The Penalties For A DUI In Florida?
Florida has some of the toughest laws for Driving Under the Influence (DUI) compared to the majority of other states. Under Florida Statute 316.193, a 1st time DUI carries a minimum mandatory adjudication, six-month driver license revocation, six months of supervised probation, DUI Level 1 school, $500 fine, and 50 hours of community service. Depending on the unique facts of your case you could face up to 6 months in jail, 12 months of supervised probation, 12-month driver license revocation, $1,000 fine, among other penalties. The penalties get even more egregious if you blow over a 0.15 or if you have a minor in the vehicle. Under these circumstances you could face up to nine months in jail, up to a $2,000 fine, ignition interlock for six continuous months, among other ramifications. As you can see, receiving a DUI in Florida is not something to mess around with, which is why you need an experience legal team by your side to ensure you receive the best outcome in your case.
DUI—DRIVING UNDER THE INFLUENCE PENALTY CHART
| Florida Statute 316.193
Mandatory adjudication |
316.193(6)(a) 1st time DUI | 316.193(6)(b) 2nd w/in 5 years | 2nd DUI Outside 5 years | 316.193(6)(c) 3rd w/in 10 years | 3rd O/S 10 years | 316.193(3)(b) 4th DUI |
| JAIL | 0- 180 days | 10- 270 days | 0- 270 days | 30 days- 5 yrs. FSP (L3) | 0- 364 days | Up to 5 yrs. FSP (L6) |
| Enhanced | 0- 270 days | 10- 364 days | 0-364 days | 30 days- 5 yrs. FSP | 0- 364 days | Up to 5 yrs. FSP (L6) |
| Crash | 0- 364 days | 10- 364 days | 0- 364 days | 30 days- 5 yrs. FSP | 0- 364 days | Up to 5 yrs. FSP (L6) |
| PROBATION | 6- 12 months | 6- 12 months | 6- 12 months | 6- 12 months | ||
| FELONY | Up to 5 yrs. | Up to 5 yrs. | ||||
| DL REVOCATION | 6- 12 months | 5 years | 6- 12 months | 10 years | 6- 12 months | Permanent |
| FINE | $500- $1,000 | $1,000- $2,000 | $1,000- $2,000 | $2,000- $5,000 | $2,000- $5,000 | No less than $2,000+ |
| Enhanced | $1,000- $2,000 | $2,000- $4,000 | $2,000- $4,000 | No less than $4,000+ | No less than $4,000+ | No less than $4,000+ |
| Felony | No less than $4,000+ | No less than $4,000+ | ||||
| COMMUNITY SERVICE | 50 hours | N/A | N/A | N/A | N/A | N/A |
| DUI SCHOOL | Level 1 | Level 2 | Level 2 | Level 2 | Level 2 | Level 2 |
| VEHICLE IMMOBILIZATION (NOT DURING JAIL) | 10 days of vehicle Def owns or operates. | 30 days of all D’s vehicles. | 10 days of all D’s vehicles. | 90 days of all D’s vehicles. | 10 days of all D’s vehicles. | 90 days of all D’s vehicles. |
| INTERLOCK | N/A | 1 yr. min. | 1 yr. min. | 2 yr. min. | 2 yr. min. | 2 yr. min. |
| Enhanced | 6 continuous months min. | 2 yr. min. | 2 yr. min. | 2 yr. min. | 2 yr. min. | 2 yr. min. |
| COST OF PROSECUTION | $50 | $50 | $50 | $100 | $50 | $100 |
| COURT COSTS | Mandatory | Mandatory | Mandatory | Mandatory | Mandatory | Mandatory |
| NO ALCOHOL | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. |
| VICTIM AWARENESS PROGRAM | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. |
| RANDOM DRUG AND ALCOHOL TESTING AT THE DEF’S EXPENSE | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. |
| COST OF INVESTIGATION | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. | Not statutorily required. |
