DUI Defense Law Broward Palm Beach Florida. The Law Offices of Evan M. Kleiman, P.A. will help you find solutions if you have been charged with a DUI in Florida. The penalties for DUI are numerous and complex. The likely punishment if found guilty depends on if you have any prior DUI offenses and have been convicted of any DUIs in the past, and if so, the number thereof. Penalties also depend on the driver’s blood alcohol content (BAC) and whether a minor was in the car.
In addition to jail time, if you are convicted of DUI in Florida, you will be placed on probation, assessed a fine, have your license suspended, amongst other penalties, as well as have a criminal record.
Under Florida Law, a DUI is defined as follows:
An individual is guilty of driving under the influence if he/she is driving or in actual physical control of a vehicle within this state, and:
- He/she is under the influence of alcoholic beverages, any chemical substance, or any controlled substance, when affected to the extent that the person’s normal faculties are impaired; or
- He/she has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood (over .08 BAC); or
- He/she has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath (over .08 BrAC).
Florida DUI Penalties
The state of Florida treats those convicted of the crime of Driving Under the Influence differently; the penalties differ depending on the number of prior DUI convictions and/or the driver’s Blood Alcohol Content (BAC).
As of July 1, 2009, Enhanced penalties apply if the driver’s BAC is .15% or over) (previous to that ,it was .20% BAC) or if a minor was in the vehicle at the time of the offense.
The crime of DUI becomes a 3rd Degree Felony in situations where the driver has previous DUI convictions within a certain period. If there is serious bodily injury resulting from an accident the DUI becomes a third degree felony.
First Time DUI Penalties
Minimum Penalty | Maximum Penalty | |
---|---|---|
Fine * | $500 | $1,000 |
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle | $1,000 | $2,000 |
Probation | Up to 12 months | |
Jail Time * | Day of Arrest | Six Months |
Enhanced Penalty if your BAC was greater than .15 or a minor was in vehicle | Day of Arrest | Nine Months |
License Suspension | 180 Days | One Year |
Impoundment of Vehicle | Mandatory Ten Day Period | |
Ignition Interlock Device | None | Six Months |
Other Penalties |
|
Second DUI Conviction within Five Years of First Conviction
Minimum Penalty | Maximum Penalty | |
---|---|---|
Fine * | $1,000 | $2,000 |
* If BAC >= .15; Or a minor was in vehicle | $2,000 | $4,000 |
Probation | 6 Months | Up to 12 months |
Jail Time * | Ten Days | Nine Months |
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle | Ten Days | 12 months |
License Suspension | Minimum 5 years. Maximum is Permanent Revocation. |
|
Impoundment | 30 Days if Second DUI Within Three years | |
Ignition Interlock Device | For a Minimum of One Year. | |
Other Penalties |
|
Third DUI Within Ten Years of Prior DUI Conviction (Felony)
Minimum Penalty | Maximum Penalty | |
---|---|---|
Fine * | $2,000 | $5,000 |
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle | $4,000 | $5,000 |
Probation | Up to 5 years | |
Jail Time * (Felony) | 30 Days | 5 years prison |
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle | 30 Days | 5 years prison |
License Suspension | Minimum 10 years. Maximum is Permanent Revocation. |
|
Impoundment | 10 Days or 90 Days if Third DUI Within 5 Years | |
Ignition Interlock Device | 2 year minimum. | |
Other Penalties |
|
Fourth DUI Charged as a Misdemeanor
Minimum Penalty | Maximum Penalty | |
---|---|---|
Fine * | $2,000 | $5,000 |
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle | $4,000 | $5,000 |
Probation | Six Months | One Year |
Jail Time * | Day of Arrest | 12 months |
* Enhanced Penalty if BAC greater than .15 or a minor in vehiclee | Day of Arrest | 12 Months |
License Suspension | Permanent Revocation | |
Impoundment | Mandatory 90 Day Period | |
Ignition Interlock Device | 2 year minimum. Enhanced 5 years. | |
Other Penalties |
|
Fourth DUI Charged as a Felony
Minimum Penalty | Maximum Penalty | |
---|---|---|
Fine * | $2,000 | $5,000 |
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle | $4,000 | $5,000 |
Probation | Up to Five Years | |
Prison Time * | Up to Five Years | |
* Enhanced Penalty if BAC greater than .15 or a minor in vehicle | Day of Arrest | Up to Five Years |
License Suspension | Permanent Revocation | |
Impoundment | Mandatory 90 Day Period | |
Ignition Interlock Device | 2 year minimum. Enhanced 5 years. | |
Other Penalties |
|
References: Florida DUI Statue §316.193
Further Reading: Florida DUI and License Suspension Laws
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