Florida DUI

Florida DUI law 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. 

When you first get arrested for a DUI in Florida you probably sat in jail waiting to be released wondering why in the world they were 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 in Florida:

• The person is no longer under the influence and;
• The person’s normal faculties are no longer impaired
• The person’s blood/breath alcohol level is lower than 0.05; or
• Eight hours have elapsed from the time the person was arrested.

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 Fines

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 Punishments

For 316.193 (3) F.S.  you’ll have these requirements:

1st Offense Punishments

• Mandatory 50 hours community service
• Probation (not to exceed 1 year)
• Jail time not more than 6 months
• Jail time not more than 9 months (BAC .20% or greater)
• License revocation for 180 days (max 1 year)

2nd Offense Punishments

• Mandatory 50 hours community service
• Jail time not more than 9 months
• Jail time not more than 12 months (BAC .20% or greater)
• Mandatory imprisonment of at least 10 days (48 hours must be consecutive)
• License revocation for 5 years, may be eligible for hardship license after 1 year.

3rd Offense Punishments

• Mandatory 50 hours community service
• Mandatory imprisonment of at least 30 days.  At least 48 hours of confinement must be consecutive.
• Minimum 10 years revocation.  May be eligible for hardship license after 2 years.

4th Offense Punishments

• Classification as habitual /violent offender.
• Mandatory permanent drivers license revocation.  No hardship eligibilities.

Florida DUI News Headlines