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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