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FLORIDA DUI PENALTIES

By Nicole Sauvola

Sauvola & Associates, P.A.

Updated:  October 2008

FLORIDA DUI PENALTIES

DUI MINIMUM PENALTIES-- 1ST OFFENSE

  • 6-12 months reporting probation   $50 per month cost of supervision
  • Fine of Not Less Than $500 or More Than $1000, PLUS court costs
  • DUI driving school (12 hrs, $200) + any counseling sessions recommended by the school
  • 50 hrs community service, or buy out at $10 per hour (State will only agree to 1/2)
  • Attend Victim Awareness Panel class (2 hrs, $35 )
  • Attend HIV Awareness class (1 hr $25 ) (not always imposed)
  • 6-12 month driver’s license suspension, with business license allowed after administrative suspension complete (note: must complete DUI class above before last court date to get hardship/ business license)
    10 day vehicle impoundment ($100+ cost to client)
  • Not More Than 6 months in the County Jail -- Imprisonment is An Option for the Court -- (Not a Minimum Mandatory Penalty)

SECOND OFFENSE - MINIMUM PENALTIES

  • 12 months probation (same monthly fee as above)
  • Fine of Not Less Than $1000 or More Than $2000, PLUS court costs
  • DUI driving class (21 hrs long, $300)+ any counseling sessions recommended by the school
  • Victim Awareness class (2 hrs, $35)
  • Driver’s license revocation: 5 years if second offense is within 5 years of 1st, 12 months if outside of 5 years**
  • up to 30 days impoundment of vehicle ($10 fee per day)
  • Mandatory installation of Ignition Interlock Device upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license;
  • **No business license allowed for duration of court suspension after 2nd conviction
  • Court MAY impose community service, but it’s not mandatory
  • Not More Than 9 months in the County Jail -- Imprisonment is An Option for the Court -- (Not a Minimum Mandatory Penalty)

 

THIRD OFFENSE - MINIMUM PENALTIES (If Occurred outside of 10 years from the last Conviction date)
PLEASE NOTE: AS OF JULY 1, 2003, this may be charged as a felony, if within 10 years of the last conviction -- Felony DUI Penalties Outlined

  • $2000-5000 fine, plus court costs
  • 12 months probation (same monthly fee)
  • DUI driving class (21 hrs long, $300) (+ counseling, as above)
  • Mandatory Ignition Interlock Device Installation for a period of not less than 2 years, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license;
  • Victim Awareness class (2 hrs, $35)
  • Up to 12 months in the County Jail;
    (minimum) 30 days mandatory jail, if within 10 years of first two offenses (court could require up to 1 yr)
  • Driver’s license revocation: 10 years if third offense is within 10 years of 1st 2 offenses, 12 months if outside of 5 years and 10 years
  • 30 days impoundment of vehicle ($10 fee per day)
  • Court MAY impose community service, but it’s not mandatory
  • NOTE: A breath test above .20 qualifies for enhanced penalties

 

 

 

Notice: Please note that if you have been charged with a criminal offense, you will likely benefit from consulting a criminal defense lawyer. If you would like to contact our office for further information or consultation, check out our website consult request at the Sauvola & Associates Contact Page