In Florida, driving under the influence (DUI) is a serious crime that can be prosecuted as a misdemeanor or a felony offense. The specific criminal penalties you face will vary depending on the facts of your case and whether you have any prior DUI convictions. Felony DUIs are charged when:
- The DUI offense results in serious bodily injury of another person.
- Third, Fourth or subsequent DUI convictions; or
- The DUI offense results in the death of another person (DUI manslaughter).
Below are some examples of the penalties you may face if convicted of 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 $1000
- 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 and up to nine months of imprisonment.
- Second DUI Conviction (Misdemeanor)
- Up to 9 months of 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 fines between $2,000 and $4,000 and up to nine months of imprisonment.
- If the second conviction was within 5 years of a prior conviction, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
- Third DUI Conviction Over 10 years from Second Conviction (Misdemeanor)
- Up to 12 months of 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 from Second DUI Conviction (Felony)
- Up to 5 years imprisonment with a 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 of 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?
If you are arrested for a DUI, your driver’s license is subject to two separate suspensions: a DHSMV Administrative Suspension and a Criminal Suspension.
Florida DHSMV Administrative Suspension
The first Driver License suspension that you are subject to is imposed by the Department of Highway Safety and Motor Vehicles (DHSMV) and is known as an Administrative Suspension. This suspension is imposed if, after your DUI arrest, you either refused to submit to a breath, urine, or blood test, or submitted to a breath, urine or blood test and your blood alcohol level was found to be .08 or higher.
If you refused to submit to a BAC/BAL test, or if your BAC/BAL was over .08, your driver’s license will be suspended for either 6 months, 1 year, or 18 months from the date of your arrest. If your license is suspended for either reason, you will be issued a temporary driving permit that expires at midnight on the 10th day following the date of your arrest.
You must act quickly. You only have 10 days to either request a formal review hearing to contest the suspension, or to waive your right to a review of the suspension and receive a hardship license right away.
Criminal Suspension
If you are criminally convicted of DUI, Florida Statute section 322.28 states that the court shall revoke your driver’s license effective on the date of your conviction. Depending on the degree of DUI you are facing, the following suspension periods would be imposed:
- 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 from prior conviction – Driver’s license or driving privilege revoked for at least 5 years.
- Third DUI conviction within 10 years from prior conviction – Driver’s license or driving privilege revoked for at least 10 years.
CAN A DUI BE EXPUNGED?
Under Florida law, a DUI conviction cannot be sealed or expunged. This means that anyone who runs a background check on you will be made aware of your criminal record. This is one of the many reasons why it is important to hire competent legal counsel if you have been charged with DUI.
WHAT SHOULD YOU DO AFTER BEING ARRESTED FOR, OR CHARGED WITH, A DUI?
No matter what type of DUI charges you are facing, it is important to have an experienced attorney on your side. When it comes to figuring out your best defense against a charge of drunk driving, the experienced attorneys at Mowrey Law Firm will examine every detail of your case to determine the best course of action. We will thoroughly review the circumstances of your DUI arrest to determine, among other things, whether the police had probable cause to stop you, whether the field sobriety tests were properly administered, whether the breath and chemical tests were appropriately administered, and factors such as prescription drugs or health conditions that may affect your driving and test results. The information gathered during these investigations could make the difference between a dismissal or reduced charges. At Mowrey Law Firm, we know how to advocate for the best outcome for your individual case.