Florida DUI Penalties Florida DUI Attorney

If you have been arrested for DUI in Florida, find out more about the potential maximum and minimum sentence or punishment that may be imposed in your case if you are convicted of drunk driving or driving under the influence of drugs or alcohol (DUI). Contact the Tampa DUI Lawyers at the Sammis Law Firm to discuss possible strategies to avoid a DUI penalties under Florida law.

Find out more about the DUI consequences and penalties under Florida law for the following types of DUI cases:

• First DUI Penalties under Florida law;
• Second DUI Penalties under Florida law;
• Third DUI Penalties under Florida law;
• Fourth DUI Penalties under Florida law;
• DUI Causing Property Damage or Injury under Florida law;
• Felony DUI with Serious Bodily Injury under Florida law; and
• DUI Manslaughter under Florida Law.

If you have been arrested for DUI in Florida, contact the Sammis Law Firm for more information about the potential maximum and minimum punishments that might apply to your case. Call 813-250-0500 to schedule a free consultation over the phone or in the office with an experienced Florida DUI Attorney. DUI lawyers focusing on defending drunk driving cases in Tampa, Hillsborough County, Florida and the surrounding counties of Pinellas, Polk and Pasco County, Florida.

DUI Penalties and Punishments

· DUI Fines
· DUI Community Service
· DUI Jail Time
· DUI Vehicle Immobilization
· DUI Felony Penalties
· License Revocation

Punishments for a First DUI in Florida

Unless you avoid a DUI conviciton, the Court must impose the following minimum mandatory punishments if you enter a plea of guilty or no contest to a first DUI in Tampa, Hillsborough County, FL:

• Incarceration (Jail Time): Up to 6 (six) months in the Hillsborough County Jail (if the blood alcohol reading is .15 or higher or a minor was in the vehicle then the jail time is up to 9 (nine) months);
• Period of Probaiton: Up to 12 (twelve) months of probation (but in no event may the total period of incarceration and probation exceed twelve months total);
  
• Community Service Hours: Required minimum of 50 hours of community service (although the judge may permit you to "buy out" any number of hours at a rate of $10 per hour);
• Fine: Minimum fine of $500 but up to $1,000 (with a blood alcohol reading of .15 or higher or if a minor was in the vehicle, then the minimum fine is $1,000 but up to $2,000. For those individuals that are unable to pay the fines because of financial circumstances, the Court may allow the individual to perform community service hours for $10 credit per hour);
• Period of Florida Driver's License Revocation: At least a six (6) month suspension with a maximum suspension of up to twelve (12) months;
• Hardship Driving Permit: Business Purposes Only or Employment Purposes Only Reinstatements: After the driver has completed DUI school, he way apply for a possible hardship reinstatement for business purposes or employment purposes only;
• immobilization or Impoundment of Vehicle: The Judge is required to impose a 10 days of vehicle immobilization which cannot be served at the same time as the jail term (court can grant exception if the impoundment presents a hardship to a family member that has no other means of transportation or if the vehicle is used only by an employee of the defendant or if the vehicle is owed by the defendant's business).
• DUI School: The judge must impose a requirement that the driver complete either Level I DUI School (twelve (12) hour class or Level II DUI School that included a drug and alcohol abuse evaluation and completion of any any recommended follow up treatment; and
• Ignition Interlock Device: The judge is not required to impose an ignition interlock device be installed unless the driver's blood alcohol reading was .15 or higher or a minor was in the vehicle in which case the court is required to impose this requirement for six (6) months.

DUI Fines:

• First DUI Conviction: Not less than $500, or more than $1,000. If your chemical test shows a Blood Alcohol Level (BAL) of .15% or higher or if a minor was a passenger in the vehicle: Not less than $1,000, or more than $2,000.
• Second DUI Conviction: Not less than $500, or more than $1,000. If your chemical test showed a BAL of .15% or higher or if a minor was a passenger in the vehicle: Not less than $1,000, or more than $2,000.
• Third DUI Conviction More than 10 years: Not less than $1,000, or more than $2,500. If your chemical test showed a BAL of .15% or higher or if a minor was a passenger in the vehicle: Not less than $2,000.
• Third Conviction Within 10 years: Not more than $5,000. If your chemical test showed a BAL of .15% or higher or if a minor was a passenger in the vehicle: Not less than $2,000.
• Fourth or Subsequent DUI Conviction: Not less than $1,000. If your chemical test showed a BAL of .15% or higher or if a minor was a passenger in the vehicle: Not less than $2,000.

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DUI Community Service Requirements:

For a first conviction of DUI, the Court is required to impose a minimum of 50 (fifty) hours of community service, however the Court may allow you to buy out a portion of the community service hours by paying an additional fine in the amount of $10.00 per every hour that you are allowed to buy out.

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DUI Mandatory Terms of Imprisonment (Jail Time):

• First DUI Conviction: Not more than 6 months. If your chemical test showed a BAL of .15% or higher or if a minor was a passenger in the vehicle: Not more than 9 months.
• Second DUI Conviction: Not more than 9 months. If your chemical test showed a BAL of .15% or higher or if a minor was a passenger in the vehicle: Not more than 12 months. If your second conviction occurred within 5 years of your first conviction, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
• Third DUI Conviction: If the third conviction occurred within 10 years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If the third conviction occurred more than 10 years after any other conviction, then imprisonment for not more than 12 months.
• Fourth or Subsequent DUI Conviction: Five years in Florida State Prison, or more if allowed under Florida Statute 775.084 for a habitual violent offender.

Although not typically favored by judges, the court may, in it’s sole discretion, credit time spent in a residential alcohol and substance abuse program toward any mandatory jail time required by statute.

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Vehicle Immobilization:

Unless the defendant can show that the vehicle immobilization would create a hardship for a family member who has no other means of transportation or that the vehicle is utilized only by an employee for a business owned by the defendant, the court will impose the following period of vehicle immobilization which begins after any period of incarceration is completed:

• First DUI Conviction = 10 days of vehicle immobilization.
• Second DUI Conviction within 5 years = 30 days of vehicle immobilization.
• Third DUI Conviction within 10 years = 90 days of vehicle immobilization.

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Felony DUI for Fourth or Subsequent Offense:

• If any person is convicted of a third DUI within 10 years of a prior conviction or if a fourth or subsequent DUI is committed, then the crime can be charged as a Third Degree Felony with a fine of not more than $5,000 and up to five (5) years imprisonment in Florida State Prison).

Felony DUI with Serious Bodily injury:

• Any person who causes a serious bodily injury in any other person while driving under the influence is guilty of a Third Degree Felony with a fine of not more than $5,000 and up to five (5) years imprisonment in Florida State Prison.

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Court Ordered Period of Driver's License Revocation for DUI Conviction:

1. First DUI Conviction: Minimum 180 days revocation up to a maximum of one (1) year.
2. Second DUI Conviction: Within Five (5) Years: Minimum 5 years revocation, although the driver may be eligible for a hardship reinstatement after one (1) year. If the second DUI was outside of five (5) years of any prior conviction, then the driver’s license revocation is the same as a first DUI conviction discussed above.
3. Third DUI Conviction: Within Ten (10) Years: Minimum 10 years revocation, although the driver may be eligible for a hardship reinstatement after two (2) years. If the third DUI was outside of ten (10) years of any prior conviction, then the driver’s license revocation is the same as a first DUI conviction discussed above.
4. Fourth DUI Conviction: (Regardless of When Any Prior Convictions Occurred): Mandatory permanent revocation with no hardship reinstatement allowed.
5. Murder with Motor Vehicle: Mandatory permanent revocation with no hardship reinstatement allowed.
6. Felony DUI Manslaughter: Mandatory permanent revocation, although the driver may be eligible for hardship reinstatement after five (5) years if the driver has no prior DUI convictions.
7. Manslaughter: Minimum three (3) year revocation.
8. Felony DUI with Serious Bodily Injury: Minimum three (3) year revocation.
9. Vehicular Homicide: Minimum three (3) year revocation.

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Business Purpose and Employment Purpose Only Reinstatement:

• First DUI Conviction: Driver must complete DUI school and apply for a DMV hearing for possible hardship reinstatement. If the chemical test results showed a BAL of .15% or higher, then an ignition interlock device is mandatory for up to six months.
• Second or Subsequent DUI Conviction: No hardship license except as explained below, and the ignition interlock devise is required for one year.
• Second DUI Conviction Within 5 Years: A five (5) year revocation is required, and the driver may apply for hardship reinstatement hearing after one year if DUI school as been completed, and the driver remains in the DUI supervision program for the remainder of the revocation period. The applicant must not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for twelve (12) months prior to reinstatement. The ignition interlock devise is required for a period of one (1) year, and if the chemical test showed a BAL of .15%, then the ignition interlock devise is required for a period of two (2) years.
• Third DUI Conviction Within 10 Years: A ten (10) year revocation is required, and the driver may apply for hardship reinstatement hearing after two years if DUI school is completed, and the driver remains in the DUI supervision program for the remainder of the revocation period. The applicant must not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for twelve (12) months prior to reinstatement. The ignition interlock device is required for a period of two (2) years.
• DUI Manslaughter With No Prior DUI Related Convictions: A permanent revocation is required, however the driver may be eligible for hardship reinstatement after five (5) years have expired from either the date of revocation or the date that incarceration ended provided the following requirements have been met:
  1. The driver has not been arrested for a drug-related offense for at least 5 years prior to the hearing.
  2. The driver has been alcohol and drug-free for at least 5 years prior to the hearing; and
  3. The driver has completed DUI school and been supervised under the DUI program for the remainder of the revocation period. (failure to report for counseling or treatment shall result in cancellation of the hardship license).
  4. The ignition interlock devise is required for two (2) years.
• Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: A three (3) year revocation is required, however the driver may immediately apply for a hardship reinstatement hearing after completing DUI school or the advanced driver improvement course.

The minimum mandatory statutory requirements for a DUI conviction in Florida are harsh. Contact the Sammis Law Firm to talk with an experienced Florida DUI attorney about ways to avoid a Florida DUI conviction and protect your driver's license. Call 813-250-0500 to speak with a Florida DUI attorney about your arrest today.

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