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DUI Law: Florida DUI Penalties

In Florida, you can be convicted of Driving Under the Influence (DUI) if your Blood Alcohol Level (BAL) is .08 or greater. You may also be convicted of DUI if the State Attorney can show that your normal faculties were impaired by alcohol at the time you were driving (i.e. slurred speech, can’t walk in a straight line, etc.).

First Offense DUI in Florida
Your first DUI offense in Florida will result in a prison sentence of no more than six (6) months unless your BAL is over .20 or you were driving with a minor in the car. If either of these two aggravating factors occur then the Court can sentence you to up to nine (9) months in prison. At the Court's discretion, you may be allowed to serve your sentence in a residential alcoholism or drug abuse treatment program.

You will also receive a minimum fine of between $250.00 and $500.00 unless the aggravating factors discussed in the previous paragraph are present. If the aggravating factors are present the minimum fine is between $500.00 and $1,000.00. You will also have your driver’s license revoked for between one hundred eighty (180) days to one (1) year and be required to perform between fifty (50) hours of community service.

Second Offense DUI in Florida
Your second DUI offense in Florida will result in a prison sentence of no more than nine (9) months unless your BAL is over .20 or you were driving with a minor in the car. If either of these two aggravating factors occur then the Court can sentence you to up to one (1) year in prison. At the Court's discretion, you may be allowed to serve your sentence in a residential alcoholism or drug abuse treatment program.

You will also receive a minimum fine of between $500.00 and $1,000.00 unless the aggravating factors discussed in the previous paragraph are present. If the aggravating factors are present the minimum fine is between $1,000.00 and $2,000.00. If your second DUI conviction is within five (5) years from your first, you will also have your driver’s license revoked for five (5) years but may apply for a hardship reinstatement after one (1) year.

Third Offense DUI in Florida
If your third DUI offense in Florida is within ten (10) years from a prior conviction, you will be required to serve at least thirty (30) days in jail. The Court does not have discretion to allow you to serve your sentence in a residential alcoholism or drug abuse treatment program.

You will also receive a minimum fine of between $1,000.00 and $2,500.00 unless the aggravating factors discussed in the previous paragraph are present. If the aggravating factors are present the minimum fine is at least $2,000.00. If your third DUI conviction is within five (5) years from your first, you will also have your driver’s license revoked for ten (10) years but may apply for a hardship reinstatement after two (2) years.

Four or more DUI Offenses in Florida
Your fourth or more DUI offense in Florida will result in a prison sentence of up to five (5) years. You will also receive a minimum fine of $1,000.00 unless the aggravating factors discussed in the previous paragraph are present. If the aggravating factors are present the minimum fine is not less than $2,000.00. You will also have your driver’s license revoked permanently without possibility of a hardship reinstatement.

As you can see there is a wide range of charges and sentences that can be imposed on you if you are caught DUI in Florida. To get the best results, contact one of our sponsoring attorneys below or at the top of this page.