Florida DUI Penalties and Laws

DUI stands for “driving under the influence” (of alcohol and/or other drugs), and it is almost identical to a DWI or “driving while intoxicated” charge.  A person is considered to be guilty of a DUI offense if they have been driving or operating a vehicle after consuming and rendered impaired by alcohol, illegal drugs, or some kinds of medications. A DUI rule applies to all vehicles, including those that are being operated for work or recreational purposes.

A DUI charge carries with it severe penalties and punishments.

Florida DUI BAC Levels

As per the Florida DUI laws (see http://www.flhsmv.gov/ddl/http://www.peoplepublicrecords.org/duilaws.html), a person can be convicted of a DUI charge if they are found operating a vehicle with a blood alcohol concentration (BAC) level of 0.08% or more. When such is the case, no other proof of impairment is necessary to book the person under law.

Florida DU laws also adhere to the “Zero Tolerance” BAC level guideline. According to this rule, it is illegal for any person under the age of 21 years to have any measurable amount of alcohol in their bodies. This means that any BAC level of more than 0.0%, when driving, is not tolerated. 

To curb the menace of drunken driving, there are harsher Florida DUI penalties for criminals proven to drive with BAC levels more than 0.08%. In particular, stricter laws are in place for DUI offenders found to possess BAC levels between .15% and .20% at the time of the offense.

Florida adheres to the implied consent law. According to this law, you have agreed to undergo a breath, blood, or urine test if requested by a peace officer that suspects you of committing a DUI offense. A refusal to comply will result in your driver’s license being suspended for six months to a year.

Florida DUI Penalties for First Degree Misdemeanor

A Florida DUI charge is usually deemed a first degree misdemeanor. A conviction is accompanied by the following penalties:
1. A prison sentence,
2. Fine amounts,
3. Suspension of driver’s license,
4. Vehicle confiscation,
5. Installation of an ignition interlock device,
6. Increase in automobile insurance rates,
7. Attending DUI prevention courses, and
8. Attending an alcohol dependency and substance abuse assessment program.

Treatment programs are also mandatory if the convict is found to be afflicted with substance abuse problems. The severity of these penalties, however, varies depending on whether the offense is a repeat or not.

Florida DUI First Offense Penalties

For a first time convict, the following is a list of the Florida DUI penalties:
1. A jail term of up to six months for those drivers with blood alcohol concentration between .08% and .15%,
2. A maximum period of nine months for those with BAC level of more than .15%,
3. A fine, amounting to anything between $500 and $1000 for those with BAC levels between .08% and .15%, and/or
4. A fine, amounting to anything between $1,000 and $2,000 for those with BAC levels more than .15%.

The severity of the penalties rises if the driver is accompanied by a minor in the vehicle.

A first time DUI convict in Florida will also have their license suspended for 180 days to a year, their vehicle confiscated for ten days, and an ignition interlock breath-testing device placed in their vehicle for up to six months. The respective driver will have to bear the installation, rental, and maintenance charges of the device.

As per Florida DUI laws, a first time offender has to also perform 50 hours of community service or else pay a community service fine of $10 for every hour of service not performed, attend a court-approved psychosocial assessment program, and take part in a mandatory DUI correction program with a duration of 12 hours. The offender is on probation for not more than a year.

Florida DUI Second Offense Penalties

The severity of the penalties increase in case of a second time DUI conviction. These penalties may include the following:
1. A prison sentence with a maximum period of nine months for drivers proven to possess a BAC level between .08%    and .15% at the time of offense,
2. Up to a year if the BAC level was more than .15%,
3. Suspension of driver’s license for five years with the possibility of becoming eligible for hardship    reinstatement only after a year or after attending a DUI correction program,
4. A fine, amounting between $1,000 and $5,000 for drivers with BAC levels between .08% and .15% percent,
5. A fine, amounting between $2,000 and $4,000 for drivers with BAC levels that are greater than .15%. and/or
6. The vehicle may be impounded or immobilized for 30 days.

These penalties are contingent upon the offender having repeated this crime within five years of the first conviction.

As per Florida DUI rules and regulations, a second time DUI offender will have to install an ignition interlock device in his vehicle for a year if his/her BAC level at the time of offense was between .08% and .15% and for two years if the level was more than .15%. The convict will of course, have bear the installation, rental, and maintenance charges of the device.

Florida DUI Third Offense Penalties

Florida DUI penalties for a third offense are akin to those for a third degree felony charge. The conviction carries a prison sentence of a maximum period of one year. If the crime has been committed within ten years of the previous offenses, serving a 30-day jail term is mandatory.

The convicted driver will also have to pay a fine amounting to anything between $2,000 and $5,000 if the offender had a BAC level between .08% and .15% at the time of committing the crime or a minimum of $4,000 if the level was more than .15%.

Florida DUI penalties for a third offense also include suspension of driver’s license for ten years if the offense has been repeated within ten years of the previous occurrences, installation of an ignition interlock device in the offender’s vehicle for up to two years, and confiscation of the convict’s vehicle for 90 days.

The convicted driver will be deemed eligible for hardship reinstatement only after they participate in the mandatory DUI correction and alcohol or substance abuse education program.

As per Florida DUI laws, if the crime results in serious bodily harm or if the convict is a regular alcoholic offender, they would be charged with a third degree felony and would face similar penalties.

There has been a marked decrease in the number of DUI offenses in Florida in recent years. This can definitely be attributed to the harsh Florida DUI penalties.