| Florida DUI Law | | | | revocation period have passed. Offenders who |
| Driving under the influence is a serious offense in the | | | | commit a fourth DUI offense or murder by motor |
| state of Florida. Being convicted of a DUI charge in | | | | vehicle face permanent revocation with no opportunity |
| Florida can result in serious consequences including | | | | to obtain a hardship license. DUI with manslaughter |
| fines, imprisonment, and administrative penalties against | | | | results in mandatory permanent revocation, although |
| your driving privileges. Because of all that is at stake | | | | an offender may be able to get a hardship license |
| when you are charged with driving under the influence, | | | | after 5 years. DUI with bodily injury and vehicular |
| it would be detrimental to your case if you did not | | | | homicide carry a revocation of a minimum of three |
| consult with an experienced Florida DUI attorney. | | | | years. |
| Having a Florida DUI lawyer on your side gives you the | | | | Criminal DUI Penalties |
| best chance for building a successful defense and | | | | The criminal penalties for a DUI in the state of Florida |
| moving on with your life following DUI charges. | | | | may include fines, jail time, license suspension or |
| Prosecuting Florida DUI Cases | | | | revocation, and other penalties based on the number |
| Florida is one of the states where there are two ways | | | | of prior offenses and any special circumstances in |
| a defendant can be prosecuted for DUI. One of these | | | | each case. The penalties for a first DUI offense |
| ways is actual impairment of the person's ability to | | | | include:o Fines of no less than $250 and no more than |
| safely and reasonably operate a motor vehicle. This | | | | $500; fines of no less than $500 andno more than |
| means that the person was impaired to a degree that | | | | $1,000 for offenders with a BAC of .20% or greater or |
| they were not able to follow the rules of the road | | | | drivingwith a minor in the caro Not more than 6 months |
| while driving. The prosecution does not have to prove | | | | in jail or 9 months in jail if the offender's BAC was |
| any specific chemical testing results; impairment is | | | | .20% or greater or a minor was in the vehicleo 10 day |
| determined by reviewing driving habits, the appearance | | | | of vehicle impoundment unless the offender's family |
| of the driver, and the failure or success of the driver to | | | | has no othermeans of transportation |
| perform field sobriety tests. Another way that an | | | | With one prior conviction for DUI, the penalties for a |
| individual can be prosecuted for DUI in the state of | | | | second DUI conviction increase. These penalties |
| California is if the person submitted to chemical testing | | | | include:o Fines of no less than $500 and no more than |
| and a result of 0.08% was obtained. In this case, the | | | | $1,000; fines of no less than $1,000 andno more than |
| person is considered to have been driving under the | | | | $2,000 if the offender's BAC was .20% or greater or |
| influence because of the chemical result; the | | | | a minor was inthe vehicleo Not more than 9 months in |
| prosecution does not have to prove any impairment | | | | jail or 12 months in jail if the offender's BAC was |
| such as bad driving habits or an inability to successfully | | | | .20% or greater or a minor was in the vehicleo 10 days |
| pass field sobriety tests. Because of the criminal and | | | | mandatory jail time if it is a second conviction within 5 |
| administrative penalties associated with driving under | | | | yearso 30 day vehicle impoundment if second |
| the influence, having a Florida DUI lawyer handle your | | | | conviction within 5 years |
| case is an important way to ensure that you can | | | | Third offenses result in stiffer penalties designed to |
| present the best possible defense. | | | | prevent the offender from accruing any more |
| Administrative Consequences | | | | offenses. These offenses include:o Fines of no less |
| In addition to the criminal charges and penalties you will | | | | than $1,000 and no more than $2,500 for a third |
| face for driving under the influence, there are also | | | | conviction more thanten years of the prior convictions; |
| administrative penalties that can be imposed. These | | | | fines of not less than $2,000 for a BAC of .20% |
| administrative penalties involve suspension or | | | | orhigher or minor in the vehicleo Fines of not more than |
| revocation of an offender's driving license. The term of | | | | $5,000 if it is a third conviction within ten years; fine of |
| suspension or revocation is based on the number of | | | | not lessthan $2,000 if offender's BAC is .20% or |
| prior offenses and other factors that can lengthen a | | | | greater or a minor was in the vehicleo Mandatory jail |
| suspension period. Administrative penalties are also | | | | time of 30 days if it is a third conviction within ten |
| imposed for refusal to submit to chemical testing when | | | | years; if it is thethird conviction in more than ten years |
| asked by a law enforcement officer. One DUI offense | | | | the penalty is no more than 12 months in jailo Vehicle |
| results in a minimum of a 180 day license revocation | | | | impoundment of 90 days if third conviction within 10 |
| that may last up to one year. Second offense | | | | years |
| administrative penalties result in a minimum of a five | | | | Fourth DUI offenses are a very serious matter. The |
| year revocation if the offense takes place within five | | | | penalties for a fourth DUI offense include:o Fines of not |
| years of the first offense. If five years have passed | | | | less than $1,000 or not less than $2,000 if the BAC is |
| since the first conviction, the penalties for a first | | | | .20% or greater ora minor was in the vehicleo Jail time |
| offender will be applied. A third DUI conviction within | | | | of no more than five years |
| ten years results in a license revocation period of five | | | | Depending on the number of prior offenses, jail time |
| years. If the third offense takes place after ten years | | | | may be replaced with treatment at a residential alcohol |
| have passed, first offender penalties apply. If the | | | | treatment facility. First convictions also carry a penalty |
| offender has one conviction that took place more than | | | | of a mandatory 50 hours of community service. |
| ten years ago and one conviction that took place less | | | | These penalties have the potential to alter your life |
| than five years ago, second offense penalties apply. | | | | forever, so it is important that you contact a Florida |
| Offenders with two convictions may be eligible for a | | | | DUI lawyer immediately after being arrested for DUI. A |
| hardship license after one year of license revocation | | | | qualified Florida DUI attorney can help you to defend |
| and offenders with three convictions may be eligible | | | | yourself against these serious charges. |
| for a hardship license after two years of the | | | | |