Florida DUI Penalties

    The penalty scheme for DUI convictions is quite complicated, so for your convenience, we have provided these charts to help you understand the possible penalties.  Hiring the best DUI attorney possible can help you avoid these penalties and convictions by getting a DUI dismissed or reduced to a reckless driving.

    The State of Florida punishes DUI harshly; as such, there are a number of penalties a court will enforce if you are convicted of DUI. In addition, repeat DUI offenses and aggravating factors (such as the presence of minors, or damage to property) may lead to a more severe sentence.

    In addition to the criminal penalties for DUI, you may be subject to administrative driver license penalties by DMV as well as financial and personal collateral consequences, including loss of a job, immigration issues or professional licensure discipline.

     

     

    First DUI Conviction:

    Minimum PenaltyMaximum PenaltyComments
    JailNoneSix Months– Max. Nine months if .15 or above, or minor in vehicle- Max. Year if crash
    ProbationEarly TerminationOne Year
    Driver’s License SuspensionSix MonthsOne Year
    Community ServiceFifty HoursDiscretionary
    ImpoundmentTen DaysThirty Days
    Ignition InterlockNoneSix Months– Required if .15 or above, or minor n vehicle
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$500$1,000– $1,000-$2,000 if .15 or above, or minor in vehicle

     

    Second DUI Conviction within 5 Years of Previous DUI Conviction:

    Minimum PenaltyMaximum PenaltyComments
    JailTen DaysNine Months– Max. Twelve months if  BAC .15 or above, or minor in vehicle
    ProbationEarly TerminationOne Year
    Driver’s License SuspensionFive Years
    Community ServiceNoneNone
    ImpoundmentThirty Days
    Ignition InterlockOne Year– Two Years if BAC .15 or above, or minor n vehicle
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$1,000$2,000– $2,000-$4,000 if .15 or above, or minor in vehicle

     

    Second DUI Conviction with Previous DUI Conviction Outside of 5 Years:

    Minimum PenaltyMaximum PenaltyComments
    JailNoneNine Months– Max. Year if .15 or above, or minor in vehicle
    ProbationEarly TerminationOne Year
    Driver’s License SuspensionSix MonthsOne Year
    Community ServiceNoneNone
    ImpoundmentTen DaysThirty Days
    Ignition InterlockYear– Two Years if .15 or above, or minor n vehicle
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$1,000$2,000– $2,000-$4,000 if .15 or above, or minor in vehicle


     

    Third DUI Conviction within 10 Years of Previous DUI Conviction:

    Minimum PenaltyMaximum PenaltyComments
    JailThirty Days5 years– If upgraded to felony then Max. Five Years Prison
    ProbationEarly Termination5 years– If upgraded to felony then Max. Five Years Five Years Probation
    Driver’s License SuspensionTen Years– eligibility for hardship driver’s license after 2 years
    Community ServiceNoneNone
    ImpoundmentNinety Days
    Ignition InterlockTwo Years
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$2,000$5,000– $4,000-$5,000 if .15 or above, or minor in vehicle

     

     

    Third DUI Conviction with Previous DUI Conviction Outside of 10 Years:

    Minimum PenaltyMaximum PenaltyComments
    JailNoneYear
    ProbationEarly TerminationOne Year
    Driver’s License SuspensionSix MonthsOne Year
    Community ServiceNoneNone
    ImpoundmentTen DaysThirty Days
    Ignition InterlockTwo Years
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$2,000$5,000– $4,000-$5,000 if .15 or above, or minor in vehicle

     

     

    4x Conviction of DUI or more:

    Minimum PenaltyMaximum PenaltyComments
    JailNoneYear– If upgraded to felony then Max. Five Years Prison
    ProbationEarly TerminationOne Year– If upgraded to felony then Max. Five Years Five Years Probation
    Driver’s License SuspensionLifetime Revocation
    Community ServiceNoneNone
    ImpoundmentNoneNone
    Ignition InterlockNoneNone
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$2,000$5,000

     

     

    Costs of a DUI in Orlando & Central Florida

     

    DUI FEES  
    FEE TYPEAMOUNTNOTES
    Towing Costs$100-300Extra fees for every extra day.

     

    Attorney’s Fees $2,500 to over $6,000Does not include court costs, fines, court reporter, subpoenas, depositions etc.
    Bail Bond$100-3000 It’s usually $100-200 for first time DUIs

     

    DUI Class- 1st Time Offender

    2nd Time Offender

    $264

    $395

    DMV BPO Hardship License:

     

    1st Suspension- by DHSMV

    2nd Suspension- by judge, if

    Convicted

     

     

    $223

    $223

    DMV hardship license
    Ignition Interlock Device on all vehicles owned or co- owned by the defendant$170

    + $67.50 (monthly)

    $170 installation fee- “Enhanced DUI”

     

    1st Time Offender- 6 months = $575

    2nd Time Offender- 2 years = $1,790

    Vehicle immobilization or impoundment for 10 days; 10 days for each vehicle$100-$150 or moreSimple DUI
    Insurance Hikes

    FR-44 Form required for 3 years

    Expect premiums to increase by 200-400%.SR-22 Florida Automobile Auto Insurance Liability coverage minimums are: $100,000 per person,

    $300,000 total per accident, and

    $50,000 property damage

     

    Substance Abuse Evaluation

    and Treatment

    VariesCost will depend on the result of evaluation and recommended treatment

     

    Community Service Hours50 hours

    MINIMUM

    Court Costs, Costs of Prosecution and Costs of Investigation

     

     

    $250-1000
    First Time DUI Fines$500-2000Fines for repeat DUIs range from $1,000-$5,000.
    Monthly Costs of Probation Supervision Fees$50 monthly Usually 6-12 months
    Intake and Drug Tests$20 & $17, respectively First time min is $500, $1,000 if BAC>.015, crash.  Typically only minimum is imposed
    RestitutionVariesIf you are found guilty and you caused a crash, you may be forced to pay restitution to any alleged victims.

    OTHER COSTS OF A DUI IN FLORIDA

    Transportation- If you do not have a license or a BPO hardship license, you will either need to utilize some form of public transportation, including a taxi, Lyft, Uber or rely on a family, friends or a loved one to drive you.

    Job Loss/Job Opportunity/Graduate School- Having a misdemeanor or felony conviction on your record can result in job future job opportunities.

    Collateral Consequences for Professionals, Veterans, Students and Non-US Citizens and many others- Professionals may face license suspension (and loss of a job), students may face disciplinary action, while non-US Citizens may be deported or face barriers to reentry into the United States.

     

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