Florida DUI Penalties

Our state provides harsh penalties for anyone who is convicted of driving under the influence, in an effort to both prevent drivers from committing the crime in the first place and in order to deter individuals from committing a repeat offense.

If you have been arrested for DUI and have no prior convictions on your criminal record, you are at risk of receiving a sentence which can include:

Up to six months in jail
A full year of probation
Fifty hours of community service
As much as $1,000 in fines
A driver's license suspension lasting between 180 days and one year

If you were caught with a blood alcohol concentration above .15%, you can receive penalty enhancements such as a $2,000 fine, a jail term of up to nine months and court ordered use of an ignition interlock device for a minimum of six months.

Accused of DUI? Avoid penalties with the help of Shepard Law. Contact us for your free consultation.

What are the Penalties for a DUI in Florida?

Second DUI Penalties

The penalties for a second drunk driving conviction include:

A $2,000 fine
Up to nine months in jail, or twelve months in cases of a high BAC
Driver's license revocation lasting at least five years if the prior conviction occurred within five years
Mandatory use of an ignition interlock device for at least one year

Penalties for a Third DUI

In the event that you have two prior convictions for DUI, the sentence you receive depends on how much time has elapsed since the last arrest. A third DUI within ten years is punishable as a third-degree felony.

If you were convicted of a third DUI within 10 years, you will face the following penalties:

A fine between $2,000 and $5,000
At least 30 days in jail, but could be sentenced up to 5 years. Regardless of the full sentence, 48 consecutive hours of confinement will be required.
Driver's license revocation lasting 10 years
Ignition Interlock Device must be installed on your vehicle for at least 2 years
Your vehicle will be impounded for at least 90 days, not overlapping with any time spent in jail

How much will a third DUI cost you if it's been over 10 years? If more than 10 years have passed, your third DUI conviction will be classified as a First Degree Misdemeanor and the penalties will be less severe.

If you have no prior convictions within a 10-year period, you may not face any jail time, but the maximum sentence is 12 months. You will likely face a fine between $1,000 and $2,500 and will need to have an ignition interlock device installed in your vehicle for 2 years.

Fourth-Time DUI Penalties

The penalties for a fourth DUI offense include a minimum fine of $2,000, up to five years in prison and a mandatory permanent driver's license revocation. Unlike for lessor offenses, you will not be eligible to apply for a hardship license for driving to and from work. You would also have a felony conviction on your criminal record, which could make it exceedingly difficult for you to find suitable employment.

About the Ignition Interlock Device

Ignition interlock devices are used as a tool for monitoring a convicted DUI offender's driving, by requiring the individual to provide a clean breath sample before starting the car and at random intervals while driving.

If you have alcohol on your breath the vehicle will be immobilized and the failed test will be reported to your probation officer. The Florida DHSMV reports that six months of ignition interlock device use can cost over $600 in expenses for installation and monthly calibration and monitoring.

Contact our firm today to fight back against these severe penalties.

No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida's 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers' license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory "Sexual Offender" designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report ("absconding"), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report ("absconding") and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.

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