Florida DUI Sentencing Laws
- Drivers in Florida may face stiff penalties for driving under the influence of alcohol.glass of alcohol image by Gleb Semenjuk from Fotolia.com
Floridians may face stiff penalties and fines for driving under the influence. Under Florida law, drivers are considered to have impaired judgment if their blood alcohol levels are .08 or above. Drivers who are convicted of DUIs may be forced to pay fines, serve jail time or have their driver's licenses suspended or revoked. - A Florida driver who is a first-time DUI offender may be ordered by the court to pay a fine. Fines for first offenses range from $500 to $1,000 if the blood alcohol level taken at the scene is under .15. A first-time DUI offender who has a blood alcohol level that exceeds .15 may be ordered to pay a fine of $1,000 to $2,000. This fine may also be implemented if the driver has a minor child in the car. The court may order a first-time offender to perform 50 hours of community service, imposing a fine of $10 for every hour of community service not completed. Florida courts may also impose a jail sentence or order the driver to serve time in a residential alcohol abuse program. A first-time offender who has a blood alcohol level of .08 may not be made to serve more than six months. However, any driver who has a minor child in the vehicle or has a blood alcohol level of .15 or higher may be ordered to serve up to nine months. In addition, the driver's license will be revoked for a minimum of 180 days and the vehicle may be impounded for 10 days unless the driver's family has no other means of transportation. A first-time DUI offender must complete a DUI program before driving privileges will be reinstated. In addition, the DUI offender will be placed on probation for a period of one year following his first DUI conviction.
- A Florida driver who has been convicted of DUI for a second time will be ordered to pay a penalty of $1,000 to $2,000 if her blood alcohol level does not exceed .15. A driver who have a blood alcohol level in excess of .15 or has a minor present in the car at the time of her arrest, may be ordered to pay a penalty of $2,000 to $4,000. Jail time for a second DUI may not exceed nine months, unless the driver's blood alcohol level exceeds .15, in which case jail time may not exceed 12 months. A driver who receives a second DUI conviction within five years of her first conviction, will receive a mandatory jail sentence of 10 days. The vehicle will be impounded after the second DUI conviction for a period of 30 days, which must not run concurrently with the jail sentence. In addition, a second DUI conviction within five years of the first conviction, will result in the driver's license being revoked for a minimum of five years. A driver may apply for a hardship reinstatement license after one year. A DUI program must be completed after the second conviction for DUI.
- If a Florida driver receives a third DUI conviction within 10 years of a previous conviction, the penalty shall range from $2,000 to $4,000 for a blood alcohol level of less than .15. A driver who has a blood alcohol level that exceeds .15 at the time of arrest or has a minor in the vehicle, may be ordered to pay a fine of no less than $4,000. A third-time offender shall receive a jail sentence of at least 30 days if the conviction occurs within 10 years of a previous conviction. A driver who has a third conviction more than 10 years after the last, will be ordered to serve jail time that does not exceed 12 months. The third-time offender's vehicle will be impounded for 90 days and his Florida driver's license will be revoked for a minimum of 10 years. A driver may apply for a reinstatement of his driver's license after two years in the case of a hardship. The driver must attend and complete a DUI program following his third conviction.
- A fourth DUI conviction in Florida will cause the driver to be classified as a habitual/violent offender and require the driver to pay a penalty of no less than $4,000. The driver may be ordered to serve a jail sentence of no more than five years following a fourth conviction and will receive a mandatory permanent revocation of her Florida driver's license.
