In Florida, driving under the influence (DUI) is a serious criminal offense that may be prosecuted as either a misdemeanor or a felony depending on the circumstances. In Florida, the specific DUI penalties you may face will vary depending on the facts of your case and whether you have any prior DUI convictions.
Under Florida law, felony DUI charges may apply when:
- The DUI offense results in serious bodily injury to another person
- There are third, fourth, or subsequent DUI convictions
- The DUI offense results in the death of another person (DUI manslaughter)
Below are some examples of the criminal penalties for DUI in Florida. It is important to remember that the penalties outlined below are not exhaustive. To review the complete statutory language, please refer to Section 316.193, Florida Statutes.
First DUI Conviction
- Up to 6 months imprisonment and fines between $500 and $1,000
- If blood/breath alcohol level was .15 or higher, or if there was a minor in the vehicle, up to 9 months imprisonment and fines between $1,000 and $2,000
- An ignition interlock device may be required if the blood/breath alcohol level was .15 or higher or if other aggravating factors are present
- In addition to these penalties, the court may require completion of DUI school, substance abuse evaluation and treatment, and community service
Second DUI Conviction (Misdemeanor)
- Up to 9 months imprisonment and fines between $1,000 and $2,000
- If blood/breath alcohol level was .15 or higher, or if there was a minor in the vehicle, up to 12 months imprisonment and fines between $2,000 and $4,000
- If the second conviction occurred within 5 years of a prior DUI conviction, there is mandatory imprisonment of at least 10 days, with at least 48 hours served consecutively
Third DUI Conviction Over 10 Years from Second Conviction (Misdemeanor)
- Up to 12 months imprisonment and fines between $2,000 and $5,000
- If blood/breath alcohol level was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than 12 months and fines not less than $4,000
Third DUI Conviction Within 10 Years of Second DUI Conviction (Felony)
- Up to 5 years imprisonment, with mandatory imprisonment of at least 30 days, and fines between $2,000 and $5,000
- If blood/breath alcohol level was .15 or higher, or if there was a minor in the vehicle, fines not less than $4,000
Fourth or Subsequent DUI Conviction (Felony)
- Up to 5 years imprisonment and fines not less than $2,000
- If blood/breath alcohol level was .15 or higher, or if there was a minor in the vehicle, fines not less than $4,000
How Does a DUI Affect My Driver’s License in Florida?
If you are arrested for DUI in Florida, your driver’s license may be subject to two separate suspensions:
- A Florida DHSMV Administrative Suspension
- A Criminal Driver’s License Suspension
Florida DHSMV Administrative Suspension
The first driver’s license suspension you may face after a DUI arrest in Florida is imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This is known as an Administrative Suspension.
This suspension occurs if, after your DUI arrest, you either:
- Refuse to submit to a breath, urine, or blood test, or
- Submit to testing and your blood alcohol concentration (BAC) is .08 or higher
If you refused a BAC/BAL test, or if your BAC was over .08, your driver’s license may be suspended for 6 months, 1 year, or 18 months beginning on the date of your arrest.
If your license is suspended, you will be issued a temporary driving permit that expires at midnight on the 10th day after your arrest.
You must act quickly. You only have 10 days after your DUI arrest to:
- Request a formal review hearing to contest the administrative suspension, or
- Waive the review hearing and obtain a hardship license immediately
Criminal Driver’s License Suspension
If you are criminally convicted of DUI, Florida Statute Section 322.28 requires the court to revoke your driver’s license effective on the date of your conviction.
Depending on the degree of DUI offense, the following driver’s license revocation periods may apply:
- First DUI conviction – Driver’s license or driving privilege revoked for at least 180 days but no more than one year
- Second DUI conviction within 5 years – Driver’s license or driving privilege revoked for at least 5 years
- Third DUI conviction within 10 years – Driver’s license or driving privilege revoked for at least 10 years
Florida law may also require vehicle impoundment or immobilization following a DUI conviction.The number of days the vehicle may be immobilized depends on factors such as the number of prior convictions.
Can a DUI Be Expunged in Florida?
Under Florida law, a DUI conviction cannot be sealed or expunged. This means it will remain on your permanent criminal record, and anyone conducting a background check will be able to see it.
For this reason, it is extremely important to hire experienced legal counsel if you have been arrested for or charged with driving under the influence in Florida.
What Should You Do After Being Arrested or Charged With DUI?
No matter what type of charges you are facing, it is critical to have an experienced DUI defense attorney on your side.
When evaluating your defense against a drunk driving charge, the experienced attorneys at Mowrey Law Firm will examine every detail of your case to determine the best course of action.
Our attorneys will thoroughly review the circumstances of your DUI arrest, including:
- Whether law enforcement had probable cause to stop your vehicle
- Whether field sobriety exercises were properly administered
- Whether breath tests or chemical tests were correctly conducted
- Whether prescription medications, health conditions, or other factors may have affected your driving or test results
The information uncovered during these investigations could make the difference between a dismissal of charges, reduced charges, or a more favorable outcome.
Contact a Florida DUI Defense Attorney Today
If you or a loved one has been charged with a DUI, contact Mowrey Law Firm at (904) 824-7799 for a free, confidential consultation with an experienced Florida Criminal Defense Attorney. We’re available 24/7.
At Mowrey Law, we serve people when and where it matters most.