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 prohibits driving or being in actual physical control of a vehicle while:
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.
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.
|
Misdemeanor 3rd Offense (no priors within 10 years) |
Felony 3rd Offense (prior offense within 10 years) |
|||
|---|---|---|---|---|
|
Jail |
Up to 6 months (up to 9 months if aggravated) |
Up to 9 months (up to 12 months if aggravated) |
Up to 12 months |
30 days to 5 years |
|
Fines |
$500 to $1,000 ($1,000 to $2,000 if aggravated) |
$1,000 to $2,000 ($2,000 to $4,000) if aggravated) |
$2,000 to $5,000 ($4,000 to $5,000 if aggravated) |
$2,000 to $5,000 ($4,000 to $5,000 if aggravated) |
|
License Revocation |
180 days to 1 year |
180 days to 1 year |
180 days to 1 year |
10 years minimum |
|
6 months if aggravated (optional if BAC under .15%) |
2 years |
2 years |
2 years |
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.
In addition to the penalties listed in the chart above, a first-offense DUI results in:
First offenders may be eligible for a diversion program. Diversion participants generally can avoid many of the consequences resulting from a DUI conviction.
A second-offense DUI that occurs within five years of the prior will result in:
A restricted license may be available after one year with enrollment in a substance abuse education course.
A third-offense DUI that occurs within ten years of a prior generally carries:
The driver can petition for a restricted license after 24 months but must remain in a DUI supervision program to be eligible.
DUI incidents that result in injuries to other people or damage to property will also result in the following penalties:
A DUI involving a death is often referred to as "DUI manslaughter."
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.
Generally, a DUI charge is a misdemeanor in Florida. However, under certain circumstances, a DUI can be charged as a felony. These circumstances include:
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.
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 a one-year driver's license revocation.
A second-offense refusal will result in license revocation for 18 months. Additionally, a second-offense breath test refusal will result in a first-degree misdemeanor charge, which carries a fine of up to $1,000 and a maximum of one year in jail.
A driver who submits to testing and produces a BAC of at least .08% will face license suspension for six months on a first occurrence and one year on any subsequent occurrence.
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.
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.