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Evan Kleiman Criminal Attorney Hollywood Florida

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evanklaw@yahoo.com
954-453-1142
2455 Hollywood Blvd. Ste.104, Hollywood, Florida 33020
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DUI

  • DUI

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:

  1. 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
  2. He/she has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood (over .08 BAC); or
  3. 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
  • 50 hours of community service.
  • Completion of approved DUICounter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.

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
  • Completion of DUI Counter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.

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
  • Completion of approved DUI Counter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.

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
  • Completion of approved DUI Counter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.

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
  • Completion of approved DUI Counter Attack School.
  • Substance abuse evaluation and completion of any recommended treatment.

References: Florida DUI Statue §316.193

Further Reading: Florida DUI and License Suspension Laws