FLORIDA DUI PENALTIES

FLORIDA DUI PENALTIES

Florida has some of the toughest DUI Penalties in the Country.  If you are convicted of a DUI offense in Florida you cannot have it expunged or sealed. It will remain on your record for 75 years.  There are a variety of minimum and maximum penalties the Judge can impose.  It is essential to have a Top-Rated South Florida DUI Attorney on your side. Call the Rossen Law Firm 24/7 at (754) 999-2499 to schedule a Free Consultation where Award-Winning Attorney Adam Rossen will personally give you a Free Case Evaluation.

Florida DUI Penalties – Jail Time

  • First DUI Penalties in Florida:
    • Not more than 6 months if you refuse a breath test or a Blood/Breath Alcohol Level below .15 and no car crash. 
    • Not more than 9 months in jail if you have a Blood/Breath Alcohol Level of .15 or higher or with a minor in the vehicle
    • Not more than 12 months in jail for a DUI Car Crash.
  • Second DUI Penalties in Florida: 
    • If your Second DUI Arrest is within 5 years of your First DUI Conviction, there is a 10 day minimum jail time upon conviction of your Second DUI.  The Judge has discretion to substitute a residential rehab program instead of jail time.
    • If your Second DUI Arrest is more than 5 years after your First DUI Conviction, there is no minimum jail time and a maximum of  9 months in jail if you refuse a blood/breath test or a Blood/Breath Alcohol Level below .15 and no car crash
    • If your Second DUI Arrest is more than 5 years after your First DUI Conviction, there is no minimum jail time and a maximum o12 months in jail if you have a Blood/Breath Alcohol Level of .15 or higher or with a minor in the vehicle.
  • Third DUI Penalties in Florida:
    • If your Third DUI Arrest is within 10 years of your two other DUI Convictions, there is a 30 day minimum jail time upon conviction of your Third DUI.
    • If your Third DUI Arrest is more than 10 years after your two other DUI Convictions, there is no minimum jail time and a maximum of 12 months in jail.
  • Fourth or More DUI Penalties in Florida (Felony DUI)
    • Up to 5 years in Florida State Prison and Convicted Felon status

Florida DUI Penalties – Driver License Suspension/Revocation

  • First DUI Penalties in Florida
    • Minimum 6 months suspension, maximum 1 year.
  • Second DUI Penalties in Florida
    • If your Second DUI Arrest is within 5 years of your First DUI Conviction, your license will be suspended for minimum of  5 years. (May be eligible for hardship reinstatement after one year.)
    • If your Second DUI Arrest is more than 5 years after your First DUI Conviction, your license will be suspended for a minimum of 6 months.
  • Third DUI Penalties in Florida
    • Minimum 10 years suspension.  May be eligible for a hardship reinstatement after two years.)
  • Fourth DUI Penalties in Florida
    • Permanent Revocation with no eligibility for a hardship

Florida DUI Penalties – Fines

  • First DUI Penalties in Florida
    • Minimum fine of $500, with a maximum of $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or with a minor in the vehicle: not less than $1,000, or more than $2,000.
  • Second DUI Penalties in Florida
    • Minimum fine of $1,000, with a maximum of $2,000. With a BAL of .15 or higher, or with a minor in the vehicle: not less than $2,000, no more than $4,000.
  • Third DUI Penalties in Florida
    • Not less than $2,000, or more than $5,000. With BAL of .15 or higher or with a minor in the vehicle: not less than $4,000, no more than $5,000
  • Fourth DUI Penalties in Florida
    • Not less than $2,000.

Florida DUI Penalties – Ignition Interlock Device

Ignition interlock devices are mechanical devices that attach to a car to ensure that the driver is not drinking while driving. Before the vehicle's motor can be started, the driver must first give a breath sample by breathing into the device. If the result shows that the driver has alcohol on his or her breath, the device prevents the engine from being started.

  • First DUI Penalties in Florida
    • Not required for a refusal or a Blood/Breath Alcohol Level of below .15
    • Minimum of 6 months for a Blood/Breath Alcohol Level of .15 or higher. 
  • Second DUI Penalties in Florida
    • Minimum of 1 year for a Blood/Breath Alcohol Level of below .15
    • Minimum of 2 years for a Blood/Breath Alcohol Level of .15 or higher.
  • Third DUI Penalties in Florida
    • Minimum of 2 years
  • Fourth DUI Penalties in Florida
    • Minimum of 5 years

Florida DUI Penalties – Community Service

If this is your First DUI Conviction there is a minimum of 50 hours of community service or an additional fine of 10 dollars for each hour of required community service. If this is your second or subsequent DUI Conviction there is no minimum amount of community service required.  Any community service is entirely within the discretion of the Judge.

Florida DUI Penalties – Vehicle Immobilization

Unless the family of someone convicted of a DUI offense has no other transportation, state law provides for the impoundment or immobilization of all of the offender's vehicles according to the following schedule:

  • First DUI conviction – 10 days
  • Second DUI conviction within 5 years – 30 days
  • Third DUI conviction within 10 years – 90 days
  • Fourth DUI conviction – 90 days

Florida DUI Penalties – DUI School

DUI School is mandatory for every DUI offense. DUI School is made up of classroom sessions and referral treatment. In the 12 hour Level One class, a client is taught how alcohol affects driving and how to be more responsible in the future. All first offenders are sent to the Level One class. The 21 hour Level Two class is reserved for repeat offenders and those convicted of DUI Manslaughter or DUI with Serious Bodily Injury.

Each client also goes through a screening process to determine if there is a need for additional drug or alcohol counseling.  The client has 90 days from the completion of a class to enroll in treatment.

Failing to complete DUI School and/or any recommended follow-up treatment will result in a hold being placed on the offender's driver's license record. He or she will not be able to re-instate his or her license if these matters are not completed and properly reported to the state authorities.

Highly Experienced, Aggressive and Compassionate Criminal Defense

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If you are facing criminal charges in Broward County, Palm Beach County or Miami-Dade County you should contact The Rossen Law Firm at (754) 999-2499 immediately. We offer experienced, aggressive and compassionate legal representation throughout your case. We are here to guide you through this complicated time and fight to protect your rights. An attorney’s experience can make or break a case and we understand the importance of an award winning attorney being there every step of the way. Bad things do happen to good people and Adam Rossen is committed to obtaining the best results possible. Education, experience, and determination are the key to an effective criminal defense team. The Rossen Law firm analyzes complicated law, provides educated advice and opinions, and strategizes to be able to fight tirelessly for the best possible outcome of your case.

Tailored Criminal Defense

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At the Rossen Law Firm we understand the importance of individualized representation. We understand that every situation is different so we carefully evaluate the facts of each and every case to provide the best defense possible. You are one of the most valuable members of the defense team and your input and agreement are vital to the defense of your case. The Rossen Law Firm works one on one with you to come up with specific strategies to help win your case. There are always options and alternatives in any case and we are here to guide you through the extensive and complicated laws that affect your case.

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