In Florida, driving under the influence (DUI) refers to operating a motor vehicle while impaired by alcohol or other substances that can impair a person’s ability to drive safely. The legal limit for blood alcohol concentration (BAC) in Florida is 0.08%. If a person’s BAC is at or above this limit, a person is considered legally impaired under the law without any further evidence.
Florida has strict penalties for DUI offenses, and the consequences can vary based on factors such as the driver’s BAC, previous DUI convictions, and whether there were any aggravating circumstances such as a bodily injury, or a child in the vehicle. Penalties may include fines, license suspension, mandatory alcohol education or treatment programs, probation, and even imprisonment.
Florida has an implied consent law, which means that by operating a motor vehicle, individuals are considered to have given their consent to submit to a chemical test, such as a breathalyzer or blood test, if law enforcement reasonably suspect them of DUI. Refusing to take a test can result in administrative penalties, such as a license suspension.
The Penalties for DUI in Florida Are:
• Fine
• Community Service
• Probation
• License Revocation
• DUI School
• Incarceration
Ignition Interlock
Florida law requires the installation of an ignition interlock device (IID) for certain individuals convicted of driving under the influence.
Mandatory Interlock Installation
Individuals convicted of DUI in Florida may be required to install an ignition interlock device on their vehicles. The installation is mandatory for certain offenses, especially if the person has multiple DUI convictions or a high blood alcohol concentration (BAC).
Length of Interlock Requirement
The length of time the interlock device must be installed can vary based on the specifics of the DUI offense. Repeat offenders or those with high BAC levels may face longer mandatory installation periods.
Costs
Offenders are typically responsible for the costs associated with the installation, maintenance, and removal of the ignition interlock device.
Restricted Driving Privileges
In some cases, individuals may be allowed to drive only vehicles equipped with an ignition interlock device during the period of their license suspension or revocation.
Compliance Monitoring
The ignition interlock device records data, including any attempts to start the vehicle with a detectable amount of alcohol on the driver’s breath. This information is often monitored by authorities.
Violations and Penalties
Attempting to tamper with or circumvent the interlock device, as well as driving a vehicle without the required device, can result in additional penalties and may extend the period of IID installation.
The Fines for DUI Are:
Fines for DUI offenses in Florida can vary based on the specific circumstances of the case, such as the number of prior convictions and the blood alcohol concentration (BAC) of the offender. Here are some general guidelines for DUI fines in Florida:
First DUI Conviction
Fine: $500 to $1,000. If the BAC is 0.15% or higher or there is a minor in the vehicle, the fine can be $1,000 to $2,000.
Second DUI Conviction
Fine: $1,000 to $2,000. If the second conviction occurs within five years of the first, there is a mandatory minimum fine of $1,000.
Third DUI Conviction
Fine: $2,000 to $5,000. If the third conviction occurs within ten years of the second, there is a mandatory minimum fine of $2,000.
Fourth or Subsequent DUI Conviction
Fine: Minimum of $2,000. Considered a felony offense.
Your Vehicle Can Be Impounded or Immobilized
Unless the family of the defendant has no other transportation:
• First conviction – 10 days;
• Second conviction within five years of a prior conviction – 30 days;
• Third conviction within 10 years of a prior conviction – 90 days.
Your Driver’s License Can Be Revoked for DUI
Minimum – 180 days revocation, maximum – mandatory permanent revocation, depending on injury, the number of convictions, and the length of time between convictions.
You Can Have Your Driver’s License Reinstated for Business or Employment Purposes
First conviction, must complete DUI school and apply to DHSMV for hearing for possible hardship reinstatement. May be subjected to mandatory ignition interlock device for up to six months. Second and third conviction, may apply for hardship reinstatement hearing depending on the number of convictions, and the length of time between convictions, and may be subjected to ignition interlock device, depending on the number of convictions, and the length of time between convictions.
You Can Be Sentenced to Incarceration
The first conviction, not more than nine months, depending of the blood/breath alcohol level and whether there was a minor in the vehicle. The second and third conviction, not more than 12 months, with mandatory imprisonment depending on the number of convictions, the blood/breath alcohol level, and the length of time between convictions. The fourth or subsequent convictions, imprisonment for not more than five years.
Need Help with a DUI – Contact a Criminal Defense Attorney
If you or a loved-one have been arrested for DUI it is important that you speak with an experienced criminal defense lawyer. If you need help, contact a criminal defense attorney who will provide a free consultation and discuss the case with you.
