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Florida DUI Penalties
Stuart Criminal
Defense Attorney & Lawyer, serving Stuart, Florida, Martin County,
and St. Lucie County by providing aggressive and experienced
criminal defense legal representation.
 DUI
(Driving Under the Influence of Alcoholic Beverages, Chemical Substances
or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI is proved by impairment of normal faculties.
Unlawful blood alcohol level or breath alcohol level of .08 or above
is a presumption of impairment.
Fine
Schedule s. 316.193(2)(a)-(b), F.S.
First Conviction:
Not less than $500, or
more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or
higher or minor in the vehicle: Not less than $1,000, or more than
$2,000.
Second Conviction:
Not less than $1,000,
or more than $2,000. With BAL of .15 or higher or minor in the
vehicle: Not less than $2,000, or more than $4,000.
Third Conviction
More than 10 years from second:
Not less than $2,000, or more than $5,000. With BAL of .15 or higher
or minor in the vehicle: Not less than $4,000.
Fourth or Subsequent
Conviction:
Not less than $2,000.
Community Service - s. 316.193 (6)(a), F.S.
First Conviction:
Mandatory 50 hours of community service or additional fine of $10
for each hour of community service required.
Probation - s. 316.193 (5)(6), F.S.
First conviction, total period of probation and incarceration may
not exceed 1 year.
Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
First Conviction:
Not more than 6
months. With BAL of .15 or higher or minor in the vehicle: Not more
than 9 months.
Second Conviction:
Not more than 9
months. With BAL of .15 or higher or minor in the vehicle: Not more
than 12 months. If second conviction within 5 years, mandatory
imprisonment of at least 10 days. At least 48 hours of confinement
must be consecutive.
Third Conviction:
If third conviction within 10 years, mandatory imprisonment of at
least 30 days. At least 48 hours of confinement must be consecutive.
If third conviction more than 10 years, imprisonment for not more
than 12 months.
Fourth or Subsequent
Conviction:
Not more than 5 years.
Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.
Unless the family of the defendant has no other transportation:
First conviction = 10 days; second conviction within 5 years = 30
days; third conviction within 10 years = 90 days. Impoundment or
immobilization must not occur concurrently with incarceration. The
court may dismiss the order of impoundment of any vehicles that are
owned by the defendant if they are operated solely by the employees
of the defendant or any business owned by the defendant.
DUI
Misdemeanor Conviction: (Accident Involving Property Damage or Personal
Injury)-s. 316.193 (3), F.S.
Any
person who causes property damage or personal injury to another
while driving under the influence is guilty of a First Degree
Misdemeanor (not more than $1,000 fine or 1-year imprisonment).
DUI
Felony Conviction: (Repeat Offenders or Accidents Involving Serious
Bodily Injury)-s. 316.193 (2),(3) F.S.
-
Any person convicted of
a third DUI within 10 years or a fourth or subsequent DUI commits a
Third Degree Felony (not more than $5,000 fine and/or 5 years
imprisonment).
-
Any person who causes
serious bodily injury while driving under the influence is guilty of
a Third Degree Felony (not more than $5,000 fine and/or 5 years
imprisonment) or if habitual/violent felony offender as provided in
s. 775.084, F.S.
Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.
-
DUI/Manslaughter: Second Degree
Felony (not more than $10,000 fine and/or 15 years imprisonment).
-
DUI Manslaughter/Leaving the Scene:
A driver convicted of DUI Manslaughter who knew/should have known
accident occurred; and failed to give information or render aid is
guilty of a First Degree Felony (not more than $10,000 fine and/or
30 years imprisonment).
-
Vehicular Homicide: Second Degree
Felony (not more than $10,000 fine and/or 15 years imprisonment).
-
Vehicular Homicide/Leaving the Scene:
A driver convicted of vehicular homicide who left the scene of
an accident is guilty of a First Degree Felony (nor more than
$10,000 fine and/or 30 years imprisonment).
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s.
322.28,F.S.
A.
First Conviction:
Minimum 180 days
revocation, maximum 1 year.
B.
Second Conviction
Within 5 Years:
Minimum 5 years
revocation. May be eligible for hardship reinstatement after 1 year.
Other 2nd offenders same as "A" above.
C.
Third Conviction
Within 10 Years:
Minimum 10 years
revocation. May be eligible for hardship reinstatement after 2
years. Other 3rd offenders same as "A" above; one conviction more
than 10 years prior and one within 5 years, same as "B" above.
D.
Fourth Conviction: No hardship reinstatement.
E.
DUI Manslaughter:
Mandatory permanent
revocation. If no prior DUI related convictions, may be eligible for
hardship reinstatement after 5 years.
F.
Manslaughter, DUI
Serious Bodily Injury, or Vehicular Homicide Convictions:
Minimum 3-year
revocation. DUI Serious Bodily Injury having prior DUI conviction is
same as "B-D" above.
Commercial Motor Vehicles (CMV) – Alcohol-Related
Convictions/Disqualifications-s. 322.61, F.S.
-
Persons convicted of
driving a commercial motor vehicle with a blood alcohol level of .04
or above: driving a motor vehicle while he or she is under the
influence of alcohol or a controlled substance or refusing to submit
to a test to determine the alcohol concentration while driving a
commercial motor vehicle, driving a commercial motor vehicle while
under the influence of alcohol or controlled substance, or driving a
commercial motor vehicle while in possession of a controlled
substance shall be disqualified from operating a commercial motor
vehicle for a period of 1 year. This is in addition to any
provisions of s. 316.193 for DUI convictions.
-
Second or subsequent
conviction of any of the above offenses arising out of separate
incidents will result in a permanent disqualification from operating
a commercial motor vehicle.
-
There are no provisions
for persons disqualified from operating a commercial motor vehicle
to obtain a hardship (business or employment) license to operate a
commercial motor vehicle.
Contact our office
at
(772) 221-2100
to schedule a confidential, legal consultation with an
experienced DUI defense attorney & lawyer,
serving Stuart, Florida, Martin County,
and St Lucie County Florida.
As a law firm which provides professional DUI defense legal services, we are experienced,
prepared, and well qualified to represent you in
even the most difficult of legal challenges you may
be facing. We are well versed in
driving under the influence and criminal
law
and know how to apply the law to your specific
legal needs and goals.
If
you require professional legal advice and
representation regarding
DUI Charges or other Criminal Defense
legal issues, contact our office at
(772) 221-2100
to schedule a confidential, legal consultation with an
experienced attorney & lawyer.
In addition to our DUI
Defense legal services, Mr. Kaplow also provides legal services in the following areas
of criminal defense law:
Stuart Criminal
Defense Attorney & Lawyer, serving Stuart, Florida, Martin County,
and St. Lucie County by providing aggressive and experienced
criminal defense legal representation. |
