DUI PENALTIES IN FLORIDA: A LOOK AT THE MANY DIFFERENT SENTENCING RANGES FOR DUI CONVICTIONS

To understand what you might be facing if convicted of a DUI charge in Florida, you’ll need to know the unique facts in your case. Was there an accident? Are there any prior DUI arrests? Was there a high breath test? These questions and many more will dictate the possible sentencing ranges you would be facing if convicted of the criminal DUI charge. Here’s a comprehensive look:

FIRST DUI CONVICTION, NO ACCIDENT, NO HIGH BREATH/BLOOD TEST:

Adjudication: Probation (6 to 9 months) to complete:

DUI School Level 1 after DUI School completion
6 to 12 months DL suspension (eligibility for hardship DL after DUI completion)
50 hours community service
Vehicle Tag Impound 10 days
Fine $500 to $1000
Jail: Max 6 months (Jail is unlikely in these lower level DUI cases)
Court Costs: Vary, approximately $500.
Insurance: Requirement to obtain FR 44 insurance for 3 years which can mean higher coverage (e.g., per person, per accident, property damage/liability) and higher rates.

FIRST DUI CONVICTION INVOLVING AN ACCIDENT/PROPERTY DAMAGE OR INJURY (NON SERIOUS INJURIES):

ALL CONDITIONS OUTLINED ABOVE APPLY HERE AS WELL

Jail: Max goes to one year. (Still unlikely)

FIRST DUI CONVICTION INVOLVING A BREATH OR BLOOD TEST OF A .15 OR ABOVE OR IF ANYONE IN VEHICLE IS UNDER 18:

ALL CONDITIONS OUTLINED ABOVE APPLY HERE AS WELL.

Jail Max: 9 months (Unlikely)
Fine: Min: $1,000. Max: $2,000
Ignition Interlock device: 6 months

SECOND DUI CONVICTION:

Adjudication: Probation max 12 months.

DUI School Level 2 (Advanced)
DL Suspension 6 to 12 months (no hardship DL): If second conviction is within 5 years of the first DUI conviction, suspension is for 5 years (one year wait period to apply for hardship).
Vehicle Tag Impound: Ten days. If within 3 years of the first DUI conviction: 30 days.
Fine: Min: $1,000. Max: $2,000. If Breath/Blood test is .15 or above or anyone in vehicle is under 18: Min: $2,000, Max: $4,000.
Jail: Max: 1 year. If second conviction is within 5 years of the first DUI conviction: Minimum 10 days Jail.
Ignition Interlock Device: Min: 1 year: If breath/blood is .15 or above, or anyone in vehicle is less than 18: Min: 2 years.
Court Costs: Appx 500.
FR 44 Insurance, same as above.

THIRD DUI CONVICTION:

Adjudication: Probation: Max 12 months (unless filed as a Felony).

DUI School Advanced
DL Suspension: 6 to 12 months (no hardship DL): If third conviction is within 10 years of a prior DUI conviction: Ten years with a two year waiting period to apply for hardship DL).
Vehicle Tag Impound: Ten days: If third conviction is within 5 years of a prior DUI conviction, 90 days.
Fine: Min $2,000: Max: $5,000. If blood/breath test is .15 or above or if anyone in vehicle is less than 18: Min: $4,000.
Jail: Max 1 year: If within ten years of a prior DUI conviction, Min: 30 days Jail.
Ignition Interlock Device: Min: 2 years
Court Costs appx: $500
FR 44 Insurance the same as above.

FOURTH OR SUBSEQUENT DUI CONVICTIONS:

THIRD DEGREE FELONY. MAX JAIL GOES UP TO 5 YEARS.
SAME CONDITIONS AS ABOVE
DL REVOKED PERMANENTLY

ACCIDENT CASES: SERIOUS BODILY INJURY OR DUI MANSLAUGHTER

Any case involving an accident that results in serious bodily injury to another becomes a third degree felony with a maximum Jail of Five years. The DL will be suspended for a minimum of 3 years and subjected to Five years total if second conviction within 5 years of a prior, or Ten year maximum if a third within ten of a prior DUI conviction. Probation conditions will be the same or similar to those outlined above, depending on how many priors.

DUI Manslaughter convictions are second degree felonies with a minimum prison term of 4 years and a maximum prison term of 15 years. The DL will be permanently revoked. The conditions of probation could be the same or similar to those outlined above.

Criminal Defense Lawyer in Jacksonville, Florida

For those who have their DUI charges reduced to Reckless can expect to pay significantly less in many of the above categories and can also avoid some altogether. For more questions on these potential costs, call our office today, our Jacksonville DUI Defense Lawyers are ready to assist you!