Driving a vehicle while "under the influence" or with a blood alcohol content (BAC) of .08% or above is grounds for a DUI in Florida.
A driver is considered to be under the influence if they can't use all their normal skills. But a "per se" DUI is given to any driver with a BAC of.08% or more.
The punishments for a DUI in Florida are set by law and depend on how many times the person has been convicted of a DUI before and what happened. The judge can send someone to jail, fine them, or remove their driver's license within the following limits.
| 1st Offense | 2nd Offense | 3rd Offense-felony | |
|---|---|---|---|
| Jail Time | Up to 6 months | Up to 9 months | Up to 12 months |
| Fines | $500 to $1,000 | $1,000 to $2,000 | $2,000 to $5,000 |
| License Revocation | 180 days to 1 year | 180 days to 1 year | 180 days to 1 year |
| Ignition Interlock Device (IID) | Possible 6 months (required if BAC of .15% or more) | 2 years | 2 years |
In addition to the punishments listed, a first-time DUI means one year of probation, 50 hours of community service, and having your car taken away for ten days. If the driver had a child passenger or a BAC of .15% or more, the judge could sentence the driver to up to nine months in jail and a $1,000 to $2,000 fine
If a second crime happens within five years of the first, the judge will order that the driver spend at least ten days in jail, lose their license for five years, and have their car taken away for 30 days. If the second offense involves a child passenger or a BAC of .15% or more, the judge can sentence the driver to up to a year in jail and a $2,000 to $4,000 fine.
If you get a third ticket within ten years of your last one, it's a crime, and you could spend 30 days to five years in jail, have your car taken away for 90 days, and lose your license for ten years. If the driver had a child rider or a BAC of .15% or higher, the fine would be at least $4,000.
All people who break the law must go on probation and train to stop using drugs. The judge can also order that the person stay sober and not use drugs. If you don't follow these rules, you could violate your probation and have your license taken away.
As was said above, getting a third DUI within ten years of a previous one can be charged as a crime. But a fourth DUI or more is always a crime, no matter when the others happen. Also, DUIs that cause serious injuries or death to someone else are thought to be felony crimes.
According to Florida law, all drivers who have been lawfully stopped for a DUI must consent to a chemical test of their breath, blood, or urine to ascertain whether or not they have alcohol or drugs in their systems.
This "implied consent" rule takes away a driver's license for a year if they refuse a test and for 18 months if they refuse again. The fact that the driver refused to take a test can also be used in court to show that they are to blame.
A driver who refuses a breath test after having done so before can be charged with a misdemeanor and face a fine of up to $1,000 or up to one year in jail.
A driver whose license was suspended due to a DUI conviction or chemical test refusal may be eligible for a limited license. The limited license has limitations on where its holder may drive, calls for an IID, and frequently entails enrolment in a drug abuse course or DUI supervision program.
It is against the law for drivers under 21 with a BAC of .02% or more. A violation is not a crime but will result in a license suspension for six months or a year for a second violation. If the teen's BAC is at least .05%, they will also have to finish a DUI education program before getting their license back.
If you are under 18 and refuse a breath, blood, or urine test, your license will be taken away for a year. If you have refused before, the ban will last for 18 months.DUI offenses that involve manslaughter, a BAC of .15%, or a previous DUI sentence cannot be pled down, reduced, or dropped. But for some other eligible offenses, you may be able to get a DUI diversion or plead down to "wet reckless" to avoid certain fines and consequences.
There are further punishments that the state of Florida may impose, in addition to losing your driving privileges, spending time in jail, and paying a substantial fine.
For instance, depending on your convictions, all the vehicles involved in a DUI will be confiscated for a certain period.
Both vehicular murder and DUI manslaughter are second-degree felonies subject to up to a $10,000 fine, four to 15 years in jail, and up to 15 years on probation. The driver faces up to 30 years in prison if they knew about the collision or should have known about it but didn't assist or report it to the authorities.
Naturally, no one supports having drunk drivers on the road. However, some drivers still have to deal with the terrible repercussions of a DUI accusation while not being reckless when it comes to driving while intoxicated.
The legal limit for blood/breath alcohol levels in the United States is 0.08 percent. The penalties for DUI are increased for those who test with a blood alcohol concentration (BAC) over 0.15 percent, for those who were driving while intoxicated with a child in the car, and for those whose intoxication resulted in a crash that resulted in property damage, personal injury, or death. As you can see, the short- and long-term effects are very severe.
Here are the possible consequences of getting a DUI in Florida:
In order to improve your chances of a successful conclusion if you have been charged with a Florida DUI, you must talk with an expert attorney as soon as you can. To have a chance of keeping your driver's license, a variety of things can be contested, in addition to dealing with your Administrative Review hearing.
Losing a driver's license is one of Florida's most common non-criminal penalties for DUI. The severity of the punishment grows with each subsequent offense, just like all other DUI-related punishments.
| Offense | Length of License Suspension |
|---|---|
| First offense | 180 days to one-year |
| First offense with bodily injury | Minimum three years |
| Second offense more than five years after first | Same as first offense |
| Second offense within five years of first | Minimum five years (eligible for hardship reinstatement after one year) |
| Third offense 10 years or more from second | Same as first offense |
| Third offense within 10 years of second | Minimum 10 years (eligible for hardship reinstatement after two years) |
| Fourth offense | Permanent revocation (eligible for hardship reinstatement after five years) |
| DUI Manslaughter | Permanent revocation (eligible for hardship reinstatement after five years if no prior DUI-related convictions) |
| DUI serious bodily injury or vehicular homicide | Three years |
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A DUI is not always a felony in Florida.
Yes, you can get a DUI on a bicycle in Florida. The state's DUI law applies to anyone operating a "vehicle," and the law specifically excludes the word "motorized" when describing the offense. This means you could be charged with a DUI if you have a blood alcohol concentration (BAC) over the legal limit. Still, officers could also arrest you if they believe your capabilities are impaired by alcohol.
The time it takes for a DUI case to go through the court system in Florida can vary depending on several factors, including the case's complexity, the availability of the judge and prosecutor, and the defendant's willingness to cooperate. However, generally, a DUI case can take 3 to 6 months to be resolved.
The cost of a DUI in Florida can vary depending on several factors, including the severity of the offense, the defendant's prior record, and the case's outcome. However, a DUI can generally cost anywhere from a few thousand to tens of thousands.
Yes, DUI checkpoints are legal in Florida. The U.S. Supreme Court ruled in 1990 that DUI checkpoints are constitutional as long as they are conducted fairly and non-discriminatively.
Getting a CDL (Commercial Driver's License) with a DUI in Florida is possible, but it won't be easy. The penalties for a DUI in Florida are more severe for commercial drivers than non-commercial drivers.
If you are convicted of a DUI in Florida, you will be disqualified from driving a commercial vehicle for some time. The length of the disqualification will depend on the severity of the DUI and your prior record.
No, your license is not suspended immediately after a DUI in Florida. However, your license will be administratively suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within ten days of your arrest. This means you can only drive once you have gone through the administrative hearing process and had your license reinstated.
Here are the possible consequences of getting a DUI in Florida:
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