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DUI Penalties

In Florida, the penalties for a DUI (driving under the influence) conviction can vary widely based on factors such as the driver's BAC (blood alcohol concentration), whether it is a first-time or repeat offense, and if there are any aggravating circumstances (e.g., having a minor in the vehicle, causing property damage, or having a high BAC). Here is an overview of the potential penalties:

1. First-Degree Misdemeanor DUI Penalties

Standard DUI (First Offense)


  BAC below 0.15%: The typical penalties for a first-time DUI offense with a BAC below 0.15% include:


Fines: $500 to $1,000


Jail Time: Up to 6 months


Probation: Up to 12 months


Community Service: 50 to 100 hours


Driver’s License Suspension: 180 days to 1 year


DUI School: Mandatory attendance at a DUI education program.


Ignition Interlock Device: May be required if the BAC was 0.15% or higher or if there are other aggravating factors.

Aggravating Factors


High BAC (0.15% or higher): Penalties are more severe, including:


Fines: $1,000 to $2,000


Jail Time**: Up to 9 months


Driver’s License Suspension: Up to 1 year

2. Felony DUI Penalties

Second DUI Offense (within 5 years)


Fines: $1,000 to $2,000


Jail Time: Up to 9 months (if no serious injury or death involved)


Probation: Up to 12 months


Community Service: 50 to 100 hours


Driver’s License Suspension: 5 years


DUI School: Required attendance


Ignition Interlock Device: Required installation if the BAC was 0.15% or higher

 

Third DUI Offense (within 10 years)


Fines: $2,000 to $5,000


Jail Time: Up to 1 year (with possible mandatory minimum of 30 days)


Probation: Up to 12 months


Community Service: 100 to 500 hours


Driver’s License Suspension: 10 years


DUI School: Required attendance


Ignition Interlock Device: Mandatory installation

 

Fourth DUI Offense or Subsequent Offenses


Felony Charge: Considered a third-degree felony


Fines: $2,000 to $5,000


Jail Time: Up to 5 years


Probation: Up to 5 years


Community Service: Varies


Driver’s License Suspension: Up to 10 years


DUI School: Required attendance

 

Ignition Interlock Device: Required installation

3. Additional Penalties

 

Property Damage or Injury


Criminal Charges: Additional charges for property damage or personal injury can lead to more severe penalties, including felony charges


Restitution: May be required to compensate victims for damages or injuries

Child Endangerment


Enhanced Penalties: If a minor under 18 is in the vehicle, the DUI can be charged as a felony, with enhanced penalties, including longer jail time and higher fines.

License Reinstatement Requirements


Reinstatement Fees: After a suspension period, you may need to pay reinstatement fees and meet other requirements to have your driver’s license reinstated.

4. Other Consequences

Insurance Rates:


Increased Rates: A DUI conviction can lead to significantly higher auto insurance rates

 

Employment Impact:


Job Consequences: A DUI conviction can impact employment opportunities, particularly for positions that require driving or a clean record

Criminal Record:


Record Impact: A DUI conviction will result in a criminal record, which can affect future opportunities and personal reputation.

Conclusion

The penalties for a DUI in Florida can be severe and have long-lasting impacts on various aspects of life. The exact penalties depend on the specifics of the offense, including whether it is a first-time or repeat offense, BAC level, and any aggravating circumstances. Consulting with an experienced DUI attorney can help you navigate the legal system and potentially mitigate the consequences.

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