In the State of Florida, a DUI is considered a serious offense that can result in charges of a 3rd-degree felony and a maximum of $2,000 to $5,000 in fines. Keep in mind that the risk for a DUI crime is raised when an individual’s blood-alcohol content (BAC) peaks at 0.08% or more. If a person is found to be guilty of multiple offenses of DUI, the punishment will be even more severe.
Under Florida law, there are multiple driving under the influence (DUI) charges an individual may face if arrested after allegedly drinking and driving. According to Florida Statute Chapter 316, Section 193, a person may face a DUI conviction if he or she does the following:
- (1) operates a vehicle or is in physical control of a vehicle within the state of Florida;
- (2) while under the influence of alcoholic beverages, any chemical substance identified in Florida Statute Chapter 877, Section 111, or any controlled substance identified in Chapter 893; and
- (3) has a blood-alcohol content (BAC) of 0.08 or more grams of alcohol per 100 milliliters of blood or has a BAC of 0.08 grams of alcohol per 210 liters of breath.
Florida Driving Under the Influence (DUI) Laws & Penalties
The penalties for a DUI conviction vary depending on the severity of the offense and whether the charged individual has prior DUI convictions.
Under Florida Statute Chapter 316, Section 193(2)(a), a person with one or two DUI convictions faces the following penalties:
Fines – A first DUI conviction results in a potential fine between $500 and $1,000, and a second DUI conviction results in a potential fine between $1,000 and $2,000.
Jail Time – A first DUI conviction results in potential jail time not to exceed 6 months, and a second DUI conviction results in potential jail time not to exceed 9 months.
Driver’s License Suspension or Revocation – Under Florida Statute Chapter 322, Section 28, a first DUI conviction may result in the suspension of a driver’s license for a period of at least 180 days, but not more than 1 year. Under the same statute, a second DUI conviction that occurs within 5 years of a prior DUI conviction results in the revocation of a driver’s license for a period of 5 years.
Ignition Interlock Device – A first DUI conviction may result in the installation (at the court’s discretion) of an ignition interlock device for a period of 6 continuous months when the individual’s BAC is .08 or higher. However, a first DUI conviction results in the mandatory installation of an ignition interlock device for a period of 6 continuous months if the individual’s BAC is .15 or higher. A second DUI conviction results in the mandatory installation of an ignition interlock device for a period of 1 year at the convicted individual’s expense when the individual qualifies for a restricted or permanent license.
Under Florida Statute Chapter 316, Section 193(2)(b), a person with three or four (or more) DUI convictions faces the following penalties:
Fines – A third DUI conviction that happens within 10 years of a prior DUI conviction is considered a third-degree felony, and results in a potential fine not to exceed $5,000. A third DUI conviction that happens more than 10 years after a prior DUI conviction may result in a fine between $2,000 and $5,000. A fourth or subsequent DUI conviction (regardless of when it happened) is considered a third-degree felony and results in a potential fine of at least $2,000 or more.
Jail Time – A third DUI conviction that happens within 10 years of a prior DUI conviction may result in potential jail time not to exceed 5 years. A third DUI conviction that happens more than 10 years after a prior DUI conviction may result in potential jail time not to exceed 12 months. A fourth or subsequent DUI conviction (regardless of when it happened) may result in potential jail time not to exceed 5 years.
Driver’s License Suspension or Revocation – Under Florida Statute Chapter 322, Section 28, a third DUI conviction that happens within 10 years of a prior DUI conviction results in the revocation of a driver’s license for a period of 10 years. Under the same statute, or fourth or subsequent DUI conviction results in the permanent revocation of a driver’s license.
Ignition Interlock Device – A third DUI conviction (regardless of when it happened) results in the mandatory placement of an ignition interlock device for a period of 2 years at the convicted individual’s expense when the individual qualifies for a restricted or permanent license.
Enhanced Penalties When Property Damage or Bodily Injury Result from a DUI Accident
Under Florida Statute Chapter 316, Section 193(3), DUI convictions that involve an accident resulting in property damage and/or bodily injury may result in enhanced penalties separate from the penalties resulting from the underlying DUI conviction.
A person who is convicted of any DUI offense and who causes or contributes to cause damage to property or physical harm to a person is guilty of a first-degree misdemeanor which may result in a fine not to exceed $1,000 and jail time not to exceed 1 year.
A person who is convicted of any DUI offense and who causes or contributes to cause serious bodily injury to a person is guilty of a third-degree felony which may result in a fine not to exceed $5,000 and jail time not to exceed 5 years.
A person who is convicted of any DUI offense and who causes or contributes to cause the death of another person or unborn child is guilty of DUI manslaughter, which is a second-degree felony resulting in a fine not to exceed $10,000 and jail time not to exceed 15 years. If the person knew or should have known that an accident happened, and fled the scene of the accident, leaving an injured person who subsequently died, he or she is guilty of DUI manslaughter as a first-degree felony, which results in a fine not to exceed $10,000 and jail time not to exceed 30 years.
Monthly Reporting Probation and Substance Abuse Course
Under Florida Statute Chapter 316, Section 193(5), anyone convicted of a DUI offense under section 193 will be required to undergo monthly reporting probation as well as required completion of a substance abuse course conducted by a DUI program which includes a psychological evaluation. If upon evaluation, the DUI program refers the convicted individual to subsequent substance abuse treatment, the convicted individual will be required to undergo any and all required treatment, evaluation and testing.
DUI Crimes in Florida
According to the Florida Department of Transportation (FDOT), “driving under the influence” (also known as impaired driving) takes place when a driver attempts to operate a vehicle while he or she is under the influence of drugs and/or alcohol. At this time, DUI cases account for 25% of motor vehicle fatalities in the State of Florida. DUI offenses may take place after a person consumes one or more of the following substances:
- Alcohol
- Illegal substances (like cocaine or heroin)
- Prescription medication (like opioid painkillers or benzodiazepines)
Understanding the Severity of DUI in Florida
As dictated by the Florida Statutes Title XXIII, Chapter 316.1934 (1), it is completely illegal for a person to consume alcoholic beverages or drugs (legal or illegal) to the extent that their judgement and motor control are fully impaired while being in physical control of a motor vehicle along a roadway. Keep in mind that “normal faculties” include:
- Sight
- Hearing
- Walking and coordination
- Speaking and general comprehension
- Depth perception
- Quick judgement and logic
Committing a DUI Offense in Florida
According to Title XXIII, Chapter 316.193 (1), any person who is guilty of driving under the influence of a potentially addictive or influential substance while in full physical control of a vehicle will be charged with a DUI offense. To be found guilty of a first conviction of DUI, an individual must have:
- Consumed alcohol, illegal drugs, or any other controlled substances that completely impaired his or her judgement and reflexes
- Had a blood-alcohol content (BAC) recording of 0.08% + grams of alcohol per 100 milliliters of blood
- Had a blood-alcohol content (BAC) recording of 0.08% + grams of alcohol per 210 liters of breath
Here is a closer look at charges for second, third, and fourth DUI offenses:
- Second offense: the implementation of an ignition interlock device
- Third offense (within 10 years of 2nd violation): found guilty of a 3rd-degree felony
- Third offense (after 10 years of 2nd violation): fine and mandatory placement
- Fourth or more offenses: found guilty of a 3rd-degree felony
Steps of a Florida DUI Charge
Being arrested and charged with driving under the influence in Florida happens in a series of steps. First, a driver will be pulled over for a traffic violation, such as running a red light, failing to signal, or speeding or the driver may be pulled over for suspicious behavior, such as swerving and weaving between lanes. After a driver is pulled over, a police officer may ask that the driver undergo a field sobriety test as well as take a breathalyzer test if there is reason to believe the driver is under the influence.
If the driver fails either the field sobriety test and/or the breathalyzer test, he or she may be arrested and taken into custody. Once in custody, a prosecuting attorney will review the facts of the arrest and determine if there are grounds to file any criminal charges. If so, the driver may be charged with driving under the influence. A seasoned criminal defense attorney can help challenge breathalyzer accuracy.