Florida DUI Penalties
In Florida, if you are arrested and charged with a first offense DUI, most likely you will not be facing jail time. Typically jail time is only imposed if aggravating factors exist that warrant incarceration. Florida judges have discretion in the sentencing of it's DUI offenders. Even where the law mandates a minimum amount of jail time, judges in Florida may substitute jail with confinement via house arrest, work release, or time spent in a residential alcohol or drug abuse treatment center.
What particular sentence will be imposed in your case will depend on the facts of your case, the nature of your charges, the circumstances of your plea, or other factors. Consult with an attorney in your jurisdiction for more information on the penalties you are facing, and the potential alternatives that are available.
DUI - First Offense
Fines: $500 - $1,000
Jail: Up to 6 months
Ignition Interlock: Not required
License Suspension: 180 days - 1 year revocation
Probation Terms: Mandatory 1 year probation: DUI School or other court approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 10 day vehicle impoundment/immobilization
DUI - First Offense - BAC .15 or higher or Minor in Vehicle
Fines: $1,000 - $2,000
Jail: Up to 9 months
Ignition Interlock: Mandatory for 6 continuous months
License Suspension: 180 days - 1 year revocation
Probation Terms: Mandatory 1 year probation: DUI School or other court approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 10 day vehicle impoundment/immobilization
DUI - Second Offense - Outside 5 Years of First Offense
Fines: $1,000 - $2,000
Jail: Up to 9 months
Ignition Interlock: Mandatory 1 year
License Suspension: 180 days - 1 year revocation
Probation Terms: mandatory 1 year probation: DUI School or other court approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 10 day vehicle impoundment/immobilization
DUI - Second Offense - Within 5 Years of First Offense
Fines: $1,000 - $2,000
Jail: 10 days - 1 year. At least 48 hours of confinement must be consecutive.
Ignition Interlock: Mandatory 1 year
License Suspension: 5 year mandatory revocation. May be eligible for hardship permit after 1 year.
Probation Terms: mandatory 1 year probation: DUI School or other court approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 30 day vehicle impoundment/immobilization
DUI - Second Offense - BAC .15 or Higher or Minor in Vehicle
Fines: $4,000
Jail: 10 days - 1 year. At least 48 hours of confinement must be consecutive.
Ignition Interlock: Mandatory 2 years
License Suspension: 180 days - 1 year revocation
Probation Terms: mandatory 1 year probation: DUI School or other court approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 30 day vehicle impoundment/immobilization
DUI - Third Offense - Outside 10 years
Fines: $2,000 - $5,000
Jail: up to 12 months
Ignition Interlock: Mandatory 2 year requirement
License Suspension: 1 year suspension
Probation Terms: mandatory 1 year probation: DUI School or other court approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 90 day vehicle impoundment/immobilization.
DUI - Third Offense - Within 10 Years of Second
Fines: $2,000 - $5,000
Jail: 30 days - 5 years. At least 48 hours consecutive confinement.
Ignition Interlock: Mandatory 2 years
License Suspension: 10 year mandatory suspension
Probation Terms: mandatory 1 year probation: DUI School or other court approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 90 day vehicle impoundment/immobilization.
DUI - BAC .15 or Higher or Minor in Vehicle
Fines: $4,000 - $5,000
Jail: Up to 12 months
Ignition Interlock: Mandatory 2 years
License Suspension: 1 year suspension
Probation Terms: mandatory 1 year probation: DUI School or other court approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 90 day vehicle impoundment/immobilization.
DUI - Fourth Offense
A 4th Offense DUI's is a 3rd degree felony in Florida, regardless of when the prior offenses occurred. A conviction of a 4th offense will result in penalties of up to $5,000 in fines and 5 years in prison, in addition to the penalties in the tables listed above.
DUI Serious Bodily Injury
A conviction for DUI serious bodily injury is a 3rd degree felony punishable by up to five years in prison and $5,000 in fines, in addition to the penalties listed in the tables above.
DUI Manslaughter
DUI Manslaughter is a DUI that results in death of a human being. It is a 2nd degree felony punishable by up to 15 years in prison and/or $10,000 in fines, in addition to the penalties listed in the tables above.
A DUI Manslaughter with an additional charge of leaving the scene, where the driver should have known or knew an accident occurred and failed to give information or render aid is a 1st degree felony. The punishments include fines up to $10,000 and/or 30 years in prison, in addition to the other penalties listed in the tables above.
Vehicular Homicide
In Florida, vehicular homicide is a 2nd degree felony with a penalty of not more than $10,000 in fines and/or 15 years of imprisonment, in addition to the penalties in the tables above.
Vehicular homicide with an additional charge of leaving the scene, is guilty of a 1st degree felony, and may be sentenced to $10,000 in fines and/or 30 years in prison.
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