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Penalties for a DUI in Florida

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Under Florida law, “driving under the influence” of alcohol or other chemical or controlled substances is a criminal offense. It is evidenced by the individual’s impairment of normal faculties or by the presence of alcohol in breath or blood higher than legally permitted. DUIs receive fines of varying amounts. The court also may also impose other penalties including imprisonment.

Fines

DUI fines vary depending on whether it is the driver’s first offense or not. These fines can be increased if other circumstances apply to a specific situation.

  1. First offense: Fine between $500 and $1,000 to be increased to up to $2,000 when blood alcohol level was .15 or the driver had a minor in the vehicle.
  2. Second offense: Fine between $1,000 and $2,000 to be increased to up to $4,000 if alcohol level was .15 or there was a minor in the vehicle.
  3. Third offense: If a third offense occurs after 10 years of the second one, the fines are the same as the second offense. If it occurs within ten years of the second offense:
    1. Fine between $2,000 and $5,000
    2. If the level of alcohol in the driver’s blood reached .15 the fine is increased to at least $4,000.
  4. Any subsequent offense: Fine of $2,000 or higher and $4,000 or higher if the blood alcohol level reaches .15 or if there is a minor in the vehicle.

Imprisonment – Other penalties

The court may also impose additional penalties such as imprisonment and may decide whether the imprisonment penalty shall be served at alcohol abuse treatment facilities.

  1. First conviction: Up to six months and up to nine months if a higher alcohol level was detected or a minor was in the vehicle.
  2. Second conviction: Up to nine months and up to twelve months in case of higher alcohol level or a minor was present. Also, if the second conviction occurred within five years of the first one, a penalty of ten days of mandatory imprisonment applies with at least 48 hours of said imprisonment to be consecutive.
  3. Third conviction: If it occurs within 10 years of a prior offense, the mandatory imprisonment must be of 30 days with at least 48 hours of confinement to be consecutive. If it occurs more than 10 years after, imprisonment must be for up to 12 months.
  4. Any subsequent conviction: Imprisonment for up to five years.

The court may also order community service as well as the immobilization of the vehicle for a period ranging between 10 and 90 days depending on whether it was the driver’s first or subsequent offense.

Contact Us Today for Help

If you have been charged with a DUI or have any questions, our team can help. Contact the skilled Fort Lauderdale criminal attorneys at the office of Joyce Julian, P.A. for a consultation on your case.

 

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

https://www.joycejulian.com/presenting-yourself-in-court-as-a-defendant/

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