Florida DUI Penalties

January 8, 2010

Now I am no Florida Dui attorney, but I do know that the state of Florida carries stiff penalties for all Driving Under the Influence (DUI) convictions. In order to be convicted of a DUI, your blood alcohol or breath alcohol level must be . 08 or above. DUI may be proven through blood or breath tests, or through testing for impairment of normal faculties. All penalties are the same, regardless of how the offense is proven.

For your first Florida DUI penalty, the fine will be somewhere between $500 - $1000. If there is a minor in the car, or if your blood alcohol level is above . 15, the fine will be somewhere between $1000 - $2000. There is also a mandatory sentence of community service of 50 hours for your first conviction. You may be allowed to pay a fine $10 per hour of service required instead of carrying out community service.

First offenders are not done there, however. You may receive probation or incarceration time of up to one year. You may also be able to serve your sentence time at a drug abuse treatment program.

First convictions also carry the penalty of driver license suspension for up to one year. Before reinstatement of your license, you must enroll in or complete DUI school. The courts are also allowed to impound your vehicle for up to 10 days after conviction.

A second or third DUI conviction carries even stiffer penalties. Your second conviction carries a fine of $1000 - $2000. If there is a minor in the car, or if your blood alcohol level is above . 15, the fine is raised to $2000 - $4000. Your third conviction carries a fine of $2000 - $5000. However, with a minor in the car or blood alcohol level above . 15, the fine must be higher than $4000.

Imprisonment time could be up to 9 months for a second conviction, and up to 12 months for a third conviction. However, if your second conviction is within 5 years of your first, there is mandatory imprisonment time of at least 10 days. If your third conviction is within 10 years of your second, there is a mandatory sentencing of at least 30 days.

Your vehicle may be impounded for up to 30 days for your second conviction, and up to 90 days for your third. Your license may also be revoked for up to 180 days for a second or third conviction. However, if there is less than 5 years between your first and second convictions, your license will be revoked for a minimum of 5 years. If there is less than 10 years between your second and third convictions, your license will be revoked for a minimum of 10 years. You also must complete DUI school for any convictions.

For any fourth or subsequent convictions, per the state of Florida, you will be considered a habitual/violent offender. Penalties for fourth or subsequent convictions are therefore higher than previous ones.

In summary, the DUI penalties in the state of Florida go up with each Driving Under the Influence conviction. Florida DUI penalties are also stricter if there is a minor in the car, or if your blood alcohol level is well above the legal limit. Understanding the laws and penalties for convictions of a DUI in Florida will help you to make informed decisions. Though these penalties can have a chance of being more lenient with the help of a Florida Dui Attorney, so that is something to think about.

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