DUI penalties are fairly straightforward; however, if you are facing a second conviction or more, the State Attorney and the judge have more flexibility with determining your fines, suspension time, and jail time.

Fines for DUI (not including court costs, probation costs, or other administrative costs)

  • First Conviction: Between $250 and $500. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be between $500 and $1,000.
  • Second Conviction: Between $500 and $1,000. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be between $1,000 and $2,000.
  • Third Conviction (if it has been more than 10 years since your last DUI): Between $1,000 and $2,500. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be at least $2,000.
  • Third Conviction (Within 10 years of your last DUI is a third degree felony): Not more than $5,000. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be at least $2,000.
  • Fourth or Subsequent Conviction: Not less than $1,000. Except if your BAL was .20 or higher, or if you had a minor child in the vehicle, then your fine will be at least $2,000.

IGNITION INTERLOCK DEVICE

Second Conviction: you will have to pay to have a device installed in your vehicle for one year, which will require you to periodically provide a breath sample in order to start and operate your car. Third Conviction: the device will be required for two years.

COMMUNITY SERVICE

First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required. The Court has flexibility on the assigned community service beyond the first conviction.

PROBATION

First conviction: total period of probation and incarceration may not exceed 1 year. You will have a probation officer, random drug/alcohol screens, probation costs and any other probation requirements the court determines are appropriate. Participation in an alcohol treatment program is a common condition of probation ordered by the court.

JAIL TIME

  • First Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.
  • Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
  • Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
  • Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.

 

VEHICLE IMPOUNDMENT

Regardless of who owns the vehicle involved in the DUI, the vehicle has to be impounded, unless the family of the owner of the vehicle has no other transportation. First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration.

DUI CRASHES

Any person who causes property damage or personal injury (not serious) to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment, plus potential restitution to the victim/s).

FELONY DUI (Repeat Offenders or Accidents Involving Serious Bodily Injury)

  • Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years’ imprisonment).
  • Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years’ imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.

 

DUI MANSLAUGHTER AND VEHICULAR HOMICIDES

  • DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
  • DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years’ imprisonment).
  • Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years’ imprisonment).
  • Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years’ imprisonment).

 

DRIVER’S LICENSE REVOCATION

  • A. First Conviction: Minimum 180 days revocation, maximum 1 year.
  • B. Second Conviction Within 5 Years: Minimum 5 years’ revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as “A” above.
  • C. Third Conviction Within 10 Years: Minimum 10 years’ revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as “A” above; one conviction more than 10 years prior and one within 5 years, same as “B” above.
  • D. Fourth Conviction (Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
  • E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
  • F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as “B-D” above.

 

DUI SCHOOL

  • First Conviction: Must complete DUI school before hardship reinstatement.
  • Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Must complete DUI school following conviction.
  • Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school if ordered by the court.
  • Treatment: Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.

To schedule an initial consultation, contact Avera & Smith, by email or call our Gainesville office at 352-372-9999 or toll free at 800-654-4659. Credit cards are accepted.

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