Florida's DUI Laws and Penalties for a 1st, 2nd, and 3rd Offense

In Florida, the consequences of a DUI conviction depend largely on how many prior convictions the driver has. This article covers Florida's DUI laws, including the penalties for a first, second, and third DUI conviction.

Florida's DUI Law

Florida's DUI law prohibits driving or being in actual physical control of a vehicle while:

• having a blood alcohol concentration (BAC) of .08% or more, or
• under the influence of alcohol, harmful chemical substances, or illegal controlled substances.

Florida defines "under the influence" as impaired to the extent that the person is deprived of full possession of normal faculties. However, a per se DUI requires only a BAC of .08% or more. The BAC threshold is reduced to.04% if the licensee is driving a commercial vehicle.

Florida DUI Penalty Chart

The penalties of a Florida DUI are generally governed by the number of prior offenses the offender has. However, the recentness of the prior offenses and the circumstances of the current DUI can also affect the penalties.

Here are the possible penalties a driver faces if convicted of a first, second, or third DUI.

Florida's Aggravated DUI Penalties

In the chart above, you'll note there are enhanced penalties for "aggravated" offenses. A DUI that involves a minor passenger or a BAC of .15% or greater is considered an aggravated DUI and will result in more severe consequences.

First DUI Convictions in Florida

In addition to the penalties listed in the chart above, a first-offense DUI results in:

• a one-year probation
• 50 hours of community service (the offender can pay $10 in lieu of each hour of community service), and
• ten days of vehicle impoundment.

First offenders may be eligible for a diversion program. Diversion participants generally can avoid many of the consequences resulting from a DUI conviction.

Second DUI Conviction Within Five Years of a Prior

A second-offense DUI that occurs within five years of the prior will result in:

• a mandatory ten days in jail
• a 30-day vehicle impoundment, and
• license revocation of at least five years.

A restricted license may be available after one year with enrollment in a substance abuse education course.

Third DUI Conviction Within Ten Years of a Prior

A third-offense DUI that occurs within ten years of a prior generally carries:

• a minimum of 30 days in jail
• a 90-day vehicle impoundment, and
• a minimum ten-year driver's license revocation.

The driver can petition for a restricted license after 24 months but must remain in a DUI supervision program to be eligible.

DUIs Involving Accidents in Florida

DUI incidents that result in injuries to other people or damage to property will also result in the following penalties:

• Damage to property. First-degree misdemeanor, up to $1,000 fine, and up to one year jail.
• Serious injury. Third-degree felony, four to five years prison, up to $5,000 fine, and a minimum three-year driver's license revocation.
• Deaths. Second-degree felony, four to 15 years prison, up to $10,000 fine, permanent driver's license revocation.

A DUI involving a death is often referred to as "DUI manslaughter."

DUI Probation in Florida

All DUI offenders must complete a term of monthly-reporting probation and enroll in a substance abuse course. Time served in inpatient rehabilitation can be counted toward required jail time. Failure to complete the substance abuse course or any required treatment will result in driver's license revocation. The court can also order a sobriety and drug monitoring program, which might include random testing and monitoring.

Is a DUI a Felony in Florida?

Generally, a DUI charge is a misdemeanor in Florida. However, under certain circumstances, a DUI can be charged as a felony. These circumstances include:

• having two prior DUI convictions, one of which occurred within the past ten years
• having three or more prior DUI convictions, regardless of when the priors occurred
• causing serious bodily injury to another person while driving under the influence, and
• causing the death of another person while driving under the influence.

Felony DUIs generally carry more severe penalties than misdemeanor DUI convictions, including the possibility of spending quite a bit of time in jail or prison.

DUI Blood or Breath Testing in Florida

Florida's "implied consent" laws require all drivers lawfully arrested for a DUI to submit to a blood, urine, or breath test. Drivers who unlawfully refuse testing face at least a one-year driver's license revocation.

Underage DUI Laws in Florida

Drivers under the age of 21 are prohibited from having a BAC of .02% or greater. An underage DUI violation is not a criminal offense but will result in license suspension and other requirements.

Refusal. An underage driver who refuses to submit to alcohol or drug testing will be suspended for one year or 18 months for a subsequent offense.

Test failures. An underage driver who provides a BAC sample of .02% or more will be suspended for six months or one year for a subsequent offense. Completion of a DUI education program will also be required if the BAC was .05% or more.

Plea Bargaining in Florida DUI Cases

For a first-offense DUI in Florida, pleading a DUI done to a lesser offense like a "wet reckless" is possible. However, subsequent violations and DUIs involving manslaughter or a BAC of .15% or more cannot be pled down or reduced.