Florida DUI Law

DUI law in Florida is probably tougher than DUI law in most other states.  Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

Here’s a brief overview of what you can expect if convicted of a DUI offense in Florida.  The specific 1st offense DUI statute in Florida is 316.193 (3), F.S. and this is what it carries:

Florida DUI law fines:

• First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
   

• Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
   

• Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
  
  
• Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Florida DUI law requires community service as well.  For 316.193 (3) F.S.  you’ll have these requirements:

•  First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Florida DUI law also mandates that probation for a 1st offense is not to exceed a 1 year term.

Community service after a DUI offense in Florida

• First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Another major concern is jail time after a DUI offense.  That’s a major concern for anyone facing a dui conviction and in Florida the jail times vary according to BAC and other factors but generally for the different offenses this is what you can expect:

• 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 Statutues, as habitual/violent offender.

When you first get arrested for a DUI in Florida you probably sat in jail waiting to be released wondering why in the world were they keeping you so long?  Well, here’s the specific criteria that must be met for the police to release someone after being arrested for a DUI offense:

Last but certainly not least (actually probably one of the most important considerations when dealing with Florida DUI offenses) is your driver license implications.  Here is what you can expect the Florida DMV to do with your drivers license after a DUI depending on what number offense you are dealing with:
 

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. The above outline of Florida DUI law is current as of 2006 and will be updated as changes take place.  Nothing above is to be taken as legal advice and you should consult a qualified Florida DUI lawyer before taking any legal action on your own behalf.

Related pages:  Orlando DUI lawyer  Florida DUI Laws