Learn More About Florida DUI Law

As per 316.193, F.S. of Florida DUI Law, Driving Under Influence is a punishable offense in the state. This definition includes the influence of alcoholic beverages, controlled substances as well as chemical substances. It is considered an offense if the person was impaired because of the influence while driving or if the individual’s blood alcohol level (BAL) was beyond the permissible limit of 0.08 percent. It is the responsibility of the Florida Department of Highway Safety and Motor Vehicles to execute the Florida DUI laws. The details of the laws concerning DUI in Florida are available at http://www.flhsmv.gov/ddl/http://www.peoplepublicrecords.org/duilaws.html.

Florida DUI Laws: Penalties

Florida DUI Law 316.193(2)(a)2, 4(b), (6)(j), F.S. outline the incarceration periods that are imposed on offenders as part of the penalty. This term may be served at a county jail or at a drug abuse or alcohol abuse treatment residential program.

A first conviction results in a jail term of maximum 6 months; however in cases where a minor was a passenger or the BAL exceeds 0.15, the jail term should be maximum 9 months. In case of second time offense, the jail term must not exceed 9 months; in cases of a minor in the vehicle or a BAL of 0.15 or more, the sentence should be not more than 1 year. If it is within 5 years of previous offense, a minimum of 10 days jail term increase is also mandatory, with at least 48 hours of consecutive imprisonment.

If it is a case of third conviction within a period of 10 years from previous offense the minimum jail term is 30 days with minimum 48 hours consecutive confinement. If it is a third conviction after 10 years of the commitment of previous offense the maximum imprisonment term that can be given is 1 year. For a fourth or succeeding DUI offense, Florida DUI law states an imprisonment sentence of not more than 5 years. It may also be treated as a habitual or violent offender case as per s. 775.084, F.S. 

For a first DUI conviction, an individual is sentenced to community service for 50 hours or a fine for an amount of $10 for each hour of that community service period, as per 316.193(6)(a), F.S. Moreover, a probation period, not exceeding 1 year, may also be given, according to 316.193(5)(6), F.S.

Imposition of fines is another part of the penalties sentenced to Florida DUI offenders. The fine structure according to 316.193(2)(a)-(b), F.S. is as follows:

•    For first offense: between $500 and $1,000; however for minor in vehicle or BAL of 0.15 or more, it is $1,000-$2,000
•    For second offense: between $1,000 and $2,000; however for minor in vehicle or BAL of 0.15 or more, it is $2,000-$4,000
•    For third offense (within a period of 10 years from second offense): between $2,000 and $5,000; however for minor in vehicle or BAL of 0.15 or more, it is at least $4,000
•    For fourth or more offenses: minimum $2,000

According to 316.193(6), F.S. Impoundment or Immobilization of Vehicle is also executed. This happens for a period of 10 days for first time offenders, for 30 days for second time offenders (within 5 years of committing previous offense), and 90 days for third time offenders (within 10 years of committing the previous offense).

Apart from these penalties, the driver license is also revoked for a certain period as per 322.271, F.S. and 322.28, F.S. The driver license revocation periods for Florida DUI offenses are as follows:

•    First offense: between 180 days to 1 year
•    Second offense (within 5 years): at least 5 years
•    Third offense (within 10 years): at least 10 years
•    Fourth offense/DUI Manslaughter: permanent revocation
•    DUI Serious Bodily Injury, Manslaughter, or Vehicular Homicide Convictions: at least 3 years

Florida DUI Laws: Classification of Offenses

Florida DUI Law classifies DUI offenses into misdemeanors and felonies. As outlined in 316.193(3), F.S., a case concerning an individual convicted of causing damage to property or injury to another while driving under influence is a First Degree Misdemeanor and the convict can be imprisoned for a term of less than or equal to 1 year or fined up to $1,000. 316.193(2), (3) F.S. states the laws concerning DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury). These are cases of Third Degree Felony and are treated accordingly. The sentence comprises either a jail term of a maximum of 5 years or a fine of up to $5,000 or both.

The laws with regard to Manslaughter and Vehicular Homicide are stated in 316.193(3), F.S. DUI/Manslaughter is treated as a Second Degree Felony case and the penalties imposed are 15 years imprisonment or a fine of up to $10,000 or both. DUI/Manslaughter when accompanied by the proof of Leaving the Scene is a First Degree Felony and can result in a prison term of 30 years and/or a fine of maximum $10,000. The same sentence applies for convictions of Vehicular Homicide cases.

In cases of individuals under the age of 21 years found guilty of driving under the influence of alcohol or drugs or both, an administrative suspension of driving privileges is ordered, according to 322.2616, F.S. However the person must have a blood alcohol level of 0.02 at the time he or she was driving the vehicle. This can be found out with the help of a breath or blood test. The first suspension is done for a period of 6 months while the second or subsequent ones last for a year. If the person refuses to submit to a breath test for the first time he or she may have their driving privileges suspended for a period of 1 year and 18 months in case of any subsequent refusals.

The driving privileges are given back after the completion of the suspension period. However, if the blood alcohol level was 0.05 or more, the individual needs to complete the substance abuse evaluation program. In case the driver is eligible the concerned officer may issue a temporary permit for driving. This permit remains effective for 10 days from the date of issuance.