It is important to understand the severity of DUIs in the state of Florida. Here is a complete guide to DUI laws in the Sunshine State.
In 2019, there were 814 alcohol-impaired driving fatalities in the State of Florida. DUI laws help to minimize these fatalities. Unfortunately, they aren’t 100% effective.
Read on to learn more about DUI laws in Florida.
Florida DUI Laws
Florida has some of the toughest DUI laws in the US. When convicted of DUI in Florida, you cannot have it sealed or expunged later, it stays on your record for 75 years. The judge, at their discretion, has the right to impose a wide variety of minimum and maximum penalties in Florida DUI cases.
Florida takes DUIs seriously. It’s very important you obtain a DUI lawyer to help you with your case.
Jail Time for DUI Convictions in Florida
You may have to spend time in jail even if it’s your first offense. Every case is different; including yours. Here are some general guidelines that judges adhere to.
First Offense
You can expect to spend up to six months in jail if you refuse a breath/blood test or had a BAC (Blood Alcohol Content) of .15 or greater, but did not crash your vehicle. If there was a child or other minor in the vehicle, the potential jail sentence increases to 9 months.
If there was a car accident involved, you may face up to 12 months in jail.
Second Offense
The cost of a DUI starts to rise at your second offense. If it happens within 5 years of your first offense, expect to spend 10 days in jail upon conviction. Sometimes a judge may sentence you to residential treatment in lieu of jail time.
If your second DUI is more than five years after your first, you refused to take a blood or breath test, your BAC was below .15, and there was no crash involved, you face up to 9 months in county jail. There is no minimum, however.
In cases where a second DUI is more than 5 years after the first, had a BAC of .15 or more, or a minor also riding in the vehicle, you face up to 12 months in jail. Again, there is no minimum.
Third Offense
If your third DUI is within 10 years of your other convictions, you face a minimum jail sentence of 30 days upon conviction. If your third DUI is more than ten years after the other two, you still face up to 12 months in jail, but there is no 30-day minimum.
Fourth Offense
A fourth DUI offense is a felony. It doesn’t matter how long between DUIs it has been. You face up to 5 years in Florida state prison and will be considered a convicted felon (for statutory purposes) after that point.
DUI Convictions and Driving Privileges
Even first-timers can face a suspension or revocation of their driving privileges. A suspension is usually handed down immediately once you have been arrested – a conviction is not necessary. They can go on for months or even years.
First Offense
Your license is suspended for a minimum of 6 months and a maximum of 1 year following your first DUI conviction.
Second Offense
If your second offense is within five years of your first, the suspension goes for a minimum of 5 years. You are eligible for a hardship license after a year. However, not everyone is able to get one without a DUI attorney.
If the conviction comes more than 5 years after your first, your license may only be suspended for 6 months.
Third Offense
You face a minimum 10-year suspension of your license for a third DUI conviction in Florida. You may be eligible for a hardship license after 2 years.
Fines and Fees
The cost of a DUI in Florida is high. Fines come with convictions and the amounts depend on your past history and how impaired you were.
First Offense
First-time offenders face a fine of $500 to $1,000. If your BAC is .15 or higher, or if there was a minor also in the vehicle, the fines go up to between $1,000 and $2,000.
Second Offense
For second offenses, the fines are usually between $2,000 and $5,000. If a minor was in the vehicle or your BAC was higher than .15, then the fines are between $4,000 and $5,000.
Third Offense
For a fourth offense the fines are not less than $2,000.
Ignition Interlock Devices
Sometimes a judge will order an ignition interlock device (IID) to be installed in your vehicle. They require the driver to undergo a breath test before being able to start the vehicle.
First Offense
Not required if your BAC was below .15. If it was higher than .15, you are required to use an IID for at least 6 months.
Second Offense
The use of an IID is required for a minimum of one year if your BAC was below .15 and 2 years if it was above .15.
Third Offense
You will need to use an IID for a minimum of two years. A DUI lawyer may be able to help you keep it as close to the minimum as possible.
Fourth Offense
Again, a minimum of two years using an IID. This comes after any jail time.
Community Service
For first-timers, you face a minimum 50 hours of community service or an additional $10 fine in lieu of each hour of service. You can choose to do the community service or pay the fine. For subsequent convictions, there is no minimum amount of community service – it is entirely at the judge’s discretion.
DUI School
DUI school is mandatory in every Florida DUI conviction. Drivers are taught the dangers of alcohol when driving as well as other important safety information in a classroom setting. Failing to complete it can place a hold on your license.
Impounding Your Vehicle
All of the offender’s vehicle are impounded unless the family of the convicted has no other type of transportation. You face 10 days for a first offense, 30 days for a second, and 90 days for third and fourth offenses.
Florida Is Tough on DUIs
If you’re convicted of a DUI in Florida, you face some of the harshest DUi laws in the country. The penalties that only get worse with subsequent DUI offenses. You face mandatory jail time, loss of your driving privileges, heavy fines, and more.
If you’d like to learn more about DUI laws in Florida, reach out to Pablo G. Martinez Law Firm and book a consultation today.
