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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 Penalty Maximum Penalty Comments
Jail None Six Months – Max. Nine months if .15 or above, or minor in vehicle- Max. Year if crash
Probation Early Termination One Year
Driver’s License Suspension Six Months One Year
Community Service Fifty Hours Discretionary
Impoundment Ten Days Thirty Days
Ignition Interlock None Six Months – Required if .15 or above, or minor n vehicle
DUI Counterattack Class Required
Victim Impact Panel Required
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 Penalty Maximum Penalty Comments
Jail Ten Days Nine Months – Max. Twelve months if  BAC .15 or above, or minor in vehicle
Probation Early Termination One Year
Driver’s License Suspension Five Years
Community Service None None
Impoundment Thirty Days
Ignition Interlock One Year – Two Years if BAC .15 or above, or minor n vehicle
DUI Counterattack Class Required
Victim Impact Panel Required
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 Penalty Maximum Penalty Comments
Jail None Nine Months – Max. Year if .15 or above, or minor in vehicle
Probation Early Termination One Year
Driver’s License Suspension Six Months One Year
Community Service None None
Impoundment Ten Days Thirty Days
Ignition Interlock Year – Two Years if .15 or above, or minor n vehicle
DUI Counterattack Class Required
Victim Impact Panel Required
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 Penalty Maximum Penalty Comments
Jail Thirty Days 5 years – If upgraded to felony then Max. Five Years Prison
Probation Early Termination 5 years – If upgraded to felony then Max. Five Years Five Years Probation
Driver’s License Suspension Ten Years – eligibility for hardship driver’s license after 2 years
Community Service None None
Impoundment Ninety Days
Ignition Interlock Two Years
DUI Counterattack Class Required
Victim Impact Panel Required
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 Penalty Maximum Penalty Comments
Jail None Year
Probation Early Termination One Year
Driver’s License Suspension Six Months One Year
Community Service None None
Impoundment Ten Days Thirty Days
Ignition Interlock Two Years
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $2,000 $5,000 – $4,000-$5,000 if .15 or above, or minor in vehicle

 

 

4x Conviction of DUI or more:

Minimum Penalty Maximum Penalty Comments
Jail None Year – If upgraded to felony then Max. Five Years Prison
Probation Early Termination One Year – If upgraded to felony then Max. Five Years Five Years Probation
Driver’s License Suspension Lifetime Revocation
Community Service None None
Impoundment None None
Ignition Interlock None None
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $2,000 $5,000

 

 

Costs of a DUI in Orlando & Central Florida

 

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

 

Attorney’s Fees $2,500 to over $6,000 Does 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 more Simple 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

Varies Cost will depend on the result of evaluation and recommended treatment

 

Community Service Hours 50 hours

MINIMUM

Court Costs, Costs of Prosecution and Costs of Investigation

 

 

$250-1000
First Time DUI Fines $500-2000 Fines 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
Restitution Varies If 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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