Florida DUI Penalties

Florida's DUI PenaltiesFlorida's DUI penalties are one of the most severe in the country. If you are convicted of a DUI you are facing a mandatory conviction, meaning the charge cannot be removed from your record and you must adhere to the prescribed penalties as outlined by Florida DUI laws, as follows:

First DUI Conviction:

  • Fine: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000. 
  • JailNot more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months. 
  • Probation: Total period of probation and incarceration may not exceed 1 year
  • Mandatory 50 hours of community service or additional $10 fine for each hour of community service required
  • Vehicle impoundment for 10 days (unless family of the defendant has no other transportation)
  • Minimum 6 months license revocation; maximum is 1 year

Second DUI Conviction (within 5 years):

  • Fine: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
  • Jail: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive. 
  • Vehicle impoundment for 30 days (unless family of the defendant has no other transportation)
  • License revocation: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above. 

Third DUI Conviction:

  • Fine: More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000. 
  • Jail: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
  • Minimum sentence of 30 days if convicted within 10 years of a first offense
  • Vehicle impoundment for 90 days if convicted within 10 years of a first offense
  • License revocation: Within 10 Years of the second conviction: minimum 10 years revocation. May be eligible for a hardship reinstatement after two years

Fourth DUI Conviction:

  • Third Degree Felony Charge
  • Minimum fine of $2,000
  • Jail: Up to 5 years State prison or more if Career Criminal Enhanced
  • License revocation: Mandatory permanent revocation. No hardship reinstatement.

DUI with Serious Bodily Injury Conviction:

  • Third Degree Felony
  • Jail: Up to 5 years State prison or more if Career Criminal Enhanced
  • License revocation: Minimum of 3 years. More with prior DUI convictions. 

DUI Manslaughter Conviction:

  • Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
  • License revocation: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

As you can see, Florida has some of the toughest DUI penalties in the country. Sometimes the only solution is to take the case to trial and try to beat the evidence against you. There are many defenses and arguments that can be made to create reasonable doubt. However, only an attorney that is truly dedicated will have the necessary knowledge and experience to fight a DUI charge in Miami properly. My practice is heavily focused on DUI defense and I am constantly keeping up to date with the latest case law and attending numerous seminars to stay updated on the latest DUI defenses.

If you are facing a DUI in Miami please contact me directly so that I may answer any questions you have and provide you with a free case evaluation. My practice focuses on DUI defense in Miami. Let’s talk about your case and what defenses it might have.