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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 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

Fourth Conviction Fourth DUI Charged as a Misdemeanor

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

Fourth DUI Charged as a Felony

Minimum PenaltyMaximum Penalty
Fine *$1,000$5,000
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle$1,000$5,000
ProbationOne YearFive Years
Jail Time *Day of ArrestFive Years
* Enhanced Penalty if BAC greater than .15 or a minor in vehicleDay of ArrestFive Years
License SuspensionPermanent Revocation
ImpoundmentMandatory Ten Day Period
Ignition Interlock DeviceAt Least Two Years
Other Penalties
  • Completion of approved DUI Counter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.

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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