DUI Penalties

Penalties you face if CONVICTED of DUI!

UNDERSTANDING DUI LAW

In the state of Florida, driving under the influence penalties are becoming increasingly severe. In addition, the penalties the Court imposes on persons convicted for even the first time does not compare to the impact of a DUI Conviction on that person’s life for years after the court case is over—insurance rates, employment, criminal record, education, licensing, and more. DUI is the only alcohol or drug related crime whereby the Court must adjudicate you GUILTY if you plea to it or are found guilty by a jury. Under Florida Law, not even the sale of crack cocaine requires an adjudication of Guilt by the Court!

DUI’s are typically charged as a misdemeanor. Under certain circumstances, a DUI is a felony and can be punished by a year or more in prison. Injury accidents and/or a prior record may lead to a felony DUI charge.

The following DUI offenses are considered felonies under Florida Statutes:

Below is a chart matrix describing the Florida DUI Penalties Schedule
For More information on Florida Statutes for DUI penalties, visit the Florida Senate Website.

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

DUI PENALTIES SCHEDULE INCARCERATION FINE DRIVER'S LICENSE ACTION INTERLOCK DEVICE VEHICLE IMMOBILIZATlON DUI SCHOOOL COMMUNITY SERVICE 1ST DUI CONVICTION 0-6 MONTHS IN JAIL 0-9 MONTHS IF BAL OVER .15 OR IF MINOR IN VEHICLE 0-12 IF ACCIDENT $500 -$1,000 $1000-$2000 IF BAL OVER .15 OR IF MINOR IN VEHICLE 180 DAY REVOCATION NONE IF BAL UNDER .15 6 MONTHS-'IF BAL IS OVER .15 10 DAYS LEVEL I 50 HRS 2ND CONVICTION OUTSIDE OF 5 YEARS 0-9 MONTHS 0-12 MONTHS IF BAL OVER .15 OR IF MINOR IN VEHICLE $1,000-$2,000 $2,000-$4,000 IF BAL OVER .15 OR IF MINOR IN VEHICLE 180 DAY REVOCATION 1 YEAR 2 YEARS IF BAL OVER .15 OR IF MINOR IN VEHICLE 10 DAYS LEVEL II 50 HRS 2ND DUI CONVICTION WITHIN 5 YEARS 10 DAYS-9 MONTHS 10 DAYS-12 MONTHS IF BAL OVER .1 5 OR IF MINOR IN VEHICLE $1,000-$2,000 $2,000-$4,000 IF BAL OVER .15 OR IF MINOR IN VEHICLE 5 YEAR REVOCATION 1 YEAR 2 YEARS IF BAL OVER .15 OR IF MINOR IN VEHICLE 30 DAYS LEVEL II 50 HRS 3RD CONVICTION WITH BOTH PRIORS OUTSIDE OF 10 YEARS 0-12 MONTHS $2,000-$.5,000 $4,000 IF BAL IS OVER .15 OR IF MINOR IN VEHICLE 180 DAY REVOCATION 2 YEARS 10 DAYS LEVEL II 50 HRS 3RD CONVICTION WITH ONE PRIOR WITHIN 10 YEARS 30 DAYS -12 MONTHS UP TO 5 YEARS IN PRISON IF FILED AS A 3RD DEGREE FELONY $2,000-$5,000 $4,000 IF BAL IS OVER .15 OR IF MINOR IN VEHICLE 10 YEAR REVOCATION 2 YEARS 90 DAYS LEVEL II 50 HRS 4TH CONVICTION 30 DAYS JAIL UP TO 5 YEARS IN PRISON AS A 3RD DEGREE FELONY $2,000-$5,000 PERMANENT REVOCATION 2 YEARS 90 DAYS LEVEL II 50 HRS