penalties-for-dui-charges

Understanding the Potential Penalties for DUI Charges

Getting pulled over and arrested for driving under the influence is a frightening experience. In the moment, you may be wondering what will happen to you. How much trouble are you facing? Will you lose your license? Could you go to jail? Our Florida criminal defense team understands the stress and uncertainty you are feeling. A DUI arrest is intimidating, but knowing what to expect can help put your mind at ease. While the potential consequences are serious, you do have rights and options.

Florida has some of the toughest DUI laws in the nation. The specific penalties depend on factors like your blood alcohol content and whether you have any prior drunk driving offenses. However, all DUI convictions come with mandatory jail time, fines, probation, and driver's license suspension.

Keep reading to learn more about the potential penalties you could face if convicted of DUI in Florida. Understanding the stakes can help you make an informed decision about your defense.

Mandatory Standard Penalties for a First DUI Offense 

If your DUI charges are your first offense, you may face the following penalties:

  • Maximum of 6 months in jail
  • Maximum of 12 months or reporting probation
  • Minimum of 6 months of Driver’s License Suspension with a maximum of 12 months
  • Minimum of a $500,00 fine.
  • 50 hours of community service
  • Completion of a 12-hour DUI Substance Abuse Course known as (Level 1 DUI School)
  • Completion of a psychosocial evaluation to determine if substance abuse treatment is required
  • 10-day immobilization of your vehicle

Mandatory Penalties for an Enhanced DUI

An enhanced DUI is a charge for drivers with a breath or blood alcohol. level of 0.15 or higher or drivers accompanied by a minor at the time of the offense. Penalties include:

  • Maximum of 9 months reporting probation
  • Minimum of $1,000 fine
  • Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for 12 months

Mandatory Penalties for DUI Offense With Property Damage

If you also damaged property at the time of your DUI offense, you may face these penalties:

  • A maximum of 354 days jail
  • A maximum of 12 months reporting probation
  • A minimum of 6 months reporting probation
  • 50 hours of community service
  • Completion of a 12 hour DUI substance abuse course (Level 1 DUI School)
  • A minimum of a $500 fine with a maximum of $1,000 fine
  • Completion of a psychosocial evaluation to determine if substance abuse treatment is required

Penalties for Enhanced DUI With Property Damage

If your DUI is defined as enhanced (according to the definition above) and includes property damage, you may face the following penalties:

  • All standard penalties for a DUI
  • Maximum of 354 days in jail
  • A minimum of $1,000 fine with a maximum of $2,000 fine
  • Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for a minimum of 6 months up to a maximum of 12 months

Mandatory Penalties for a Second DUI Offense Outside of 5 Years

If this is your second DUI offense, but your previous offense happened more than five years prior, you may face the following penalties:

  • Maximum of 9 months in jail
  • Maximum of 12 months reporting probation
  • Minimum of 6 month Driver’s License Suspension with a maximum of 12 months
  • Minimum of $1,000 fine and a maximum of $ 2,000 fine
  • Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for a minimum of 6 months up to a maximum of 12 months
  • 10-day immobilization of vehicle
  • 50 hours of community service
  • Completion of a 21-hour DUI Substance Abuse Program (Level 2 DUI School)
  • Completion of a psychosocial evaluation to determine if substance abuse treatment is required

Mandatory Penalties for a Second DUI Offense Inside of 5 Years

Second DUI offenses that occur less than five years after a first offense may face the following penalties:

  • Minimum of 10 days jail
  • 12 months of reporting probation
  • 5-year revocation of Driver’s License
  • 30-day immobilization of vehicle
  • 50 hours of community service
  • Minimum of $1,000 fine and a maximum of $ 2000 fine
  • Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for 12 months
  • Completion of a 21-hour DUI Substance Abuse Program (Level 2 DUI School)
  • Completion of a psychosocial evaluation to determine if substance abuse treatment is required

Mandatory Penalties for a Third DUI Offense

Third DUI offenses face the following penalties:

  • Maximum 364 days jail
  • Maximum of 12 months reporting probation
  • Minimum of 6 months Driver’s License suspension up to a maximum of 12 months
  • Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for not less than 2 years
  • 50 hours of community service
  • Completion of a 21-hour DUI substance abuse program (Level 2 DUI School)
  • Completion of a psychosocial evaluation to determine if substance abuse treatment is required
  • 10-day immobilization of your vehicle
  • Minimum fine of $2000 with a maximum of $5000

Mandatory Penalties for a Third DUI Offense Within 10 Years 

A third DUI offense that occurs within 10 years of your prior offense may include the following penalties:

  • Minimum of thirty days jail with a maximum of five years in Florida State Prison
  • A maximum of five years reporting probation
  • A minimum of ten years of driver’s license suspension
  • A maximum of a $5,000 fine
  • Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for not less than 2 years
  • 90-day immobilization of vehicle
  • 50 hours of community service
  • Completion of a 21-hour DUI substance abuse program (Level 2 DUI School)
  • Completion of a psychosocial evaluation to determine if substance abuse treatment is required

Mandatory Penalties for a Fourth DUI Offense

A fourth DUI offense may lead to the following penalties:

  • A maximum of 5 years in Florida State Prison
  • A maximum of 5 years reporting probation
  • A permanent Driver’s License Revocation
  • Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for not less than 2 years
  • Completion of a 21-hour DUI Substance Abuse Program (Level 2 DUI School)
  • Completion of a psychosocial evaluation to determine if substance abuse treatment is required
  • Minimum of $2,000 fine with a maximum of $5,000
  • Minimum 50 hours of community Service
  • Minimum of 90 days immobilization of vehicle

Protect Your Rights After a Florida DUI Arrest

The consequences of a Florida DUI conviction can be severe, impacting your freedom, your finances, and your future. Even for a first-time offense, you could face jail time, hefty fines, license suspension, and more. The stakes get higher with each subsequent offense.

If you or a loved one has been arrested for drunk driving, do not face the Florida criminal justice system alone. Turn to a skilled DUI defense lawyer in your area who can protect your rights and fight for the best possible outcome in your case. Your attorney can review the specific facts of your arrest, identify any weaknesses in the prosecution's evidence, and build a strong, strategic defense on your behalf. The sooner you contact a lawyer, the better your chances of minimizing the fallout from your DUI arrest and keeping your life on track. 

Don't Face DUI Charges Alone

A DUI arrest doesn't have to derail your life. With the right legal representation, it may be possible to have charges reduced or even dismissed. The Law Office of Dave L. Simmons, P.A. is ready to put our experience and dedication to work for you.

Fill out our contact form or call our Fort Lauderdale office at (954) 765-3540 for a confidential consultation. We proudly serve clients in Fort Lauderdale, Hollywood, Davie, Plantation, Hillsboro Beach, Pembroke Pines, Coconut Creek, Coral Springs, Lauderhill, Deerfield Beach, and surrounding communities.