All states vary when it comes to driving under the influence (DUI) laws. Florida makes no exceptions with its strict DUI laws, making it highly important to understand the penalties and consequences before getting behind the wheel while intoxicated.
What is a DUI charge?
A DUI charge is a criminal charge occurring when someone drives a vehicle while under the influence of a substance that impairs their ability to drive. Typically, this is proven when the individual being charged has a blood alcohol concentration (BAC) of 0.08 or higher. It is important to note that while sample blood can be taken to determine your BAC, the most common method law enforcement uses is a breathalyzer test. A breathalyzer test is a device that, when blown into can measure a person’s alcohol concentration. If a person is found to have alcohol concentrations above the legal limit, an officer will place them under arrest. Blood-alcohol levels of .15 or higher are subject to stricter penalties under Florida law.
DUI Penalties and Consequences:
In Florida, DUI penalties and consequences are usually governed by the number of prior offenses the offender has. However, the time allotted between prior offenses and certain circumstances can also affect DUI penalties and consequences. For example, “aggravated DUI” charges can have severe consequences. These types of DUI charges occur when minor passengers are involved or when the offender has BAC’s levels of .15 or higher. Below you can find possible penalties a driver can face if convicted of a first, second, or third DUI:
First Offense:
An individual being charged with a DUI for the first time can face the following penalties:
– 50 hours of community service
– Jail time for up to 6 months (up to 9 months if aggravated)
– Fines ranging from $500-$1,000 ($1,000-$2,000 if aggravated)
– License revoked for 180 days to 1 year.
– Ignition Interlock Device (IID) for 6 months if aggravated (Optional if BAC is under .15)
Second Offense:
An individual being charged with a DUI for a second time can face the following penalties:
– Jail time for up to 9 months (up to 12 months if aggravated)
– Fines ranging from $1,000-$2,000 ($2,000-$4,000 if aggravated)
– License revoked for 180 days to 1 year
– Ignition Interlock Device (IID) for 2 years
Third Offense – Misdemeanor (No priors within 10 years):
An individual being charged with a DUI for a third time with no prior offenses can face the following penalties:
– Jail time for up to 12 months
– Fines ranging from $2,000-$5,000
– License revoked for 180 days to 1 year
– Ignition Interlock Device (IID) for 2 years
Third Offense – Felony (Prior offense within 10 years):
An individual being charged with a DUI for a third time with prior offenses can face the following penalties:
– Jail time from 30 days-5 years
– Fines ranging from $2,000-$5,000 (subj
– License revoked for 10 years minimum
– Ignition Interlock Device (IID) for 2 years
While the above is a list of penalties that DUI offenders can potentially face, it is important to note that each case is different and consequences will vary depending on an individual’s specific case. Remember, Florida DUI laws are strict which is why it is so important to contact a licensed criminal lawyer to help you avoid serious consequences with these type of charges. If you are facing a DUI charge, contact Rivera Law at 561-651-9322 today.
Very informative article! Be smart, don’t drink and drive.