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Home > Orlando DUI Defense > DUI Penalties in Florida
:: DUI Penalties in Florida
Why is it important to know the penalties for DUI? So that you know why you must fight the DUI charge. If you don't fight the DUI charge, you will lose your drivers license privilege, be placed on probation, perform 50 hours of community service, pay a substantial fine, have an ignition interlock device placed on your vehicle, have a permanent criminal record, be subject to increased insurance premiums, and be adjudicated guilty.
DUI Penalty Charts
Criminal DUI penalties increase based on the frequency of DUI convictions and the severity of your current DUI offense. In addition to the criminal penalties for driving under the influence, you are also subject to administrative penalties by the Department of Highway Safety and Motor Vehicles, and to financial and personal collateral consequences. Below are DUI penalty charts for the most common DUI offenses.
The following information may not contain all possible penalties for DUI offenses. Furthermore, given the frequent legislative changes concerning DUI law, visitors are urged not to rely solely on these charts. The specific and most current DUI penalties may be found in Section 316.193, Florida Statutes. You should contact me concerning your particular case.
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First Offense DUI Penalties
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Minimum Penalty |
Maximum Penalty |
| Fine * |
$250 |
$500 |
| * If BAC >= .02; Or a minor was in vehicle |
$500 |
$1,000 |
| Probation |
One Day |
One Year |
| Jail Time * |
Day of Arrest |
Six Months |
| * if BAC >= .02; Or a minor was in vehicle |
Day of Arrest |
Nine Months |
| License Suspension |
180 Days |
One Year |
| Impoundment |
Mandatory Ten Day Period |
| Ignition Interlock Device |
None |
Six Months |
| Other Penalties |
50 hours of community service. Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. Additionally, local custom requires completion of a Victims Awareness Class. |
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Second Offense Within Five Years of First DUI Conviction
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| |
Minimum Penalty |
Maximum Penalty |
| Fine * |
$500 |
$1,000 |
| * If BAC >= .02; Or a minor was in vehicle |
$1,000 |
$2,000 |
| Probation |
One Day |
One Year |
| Jail Time * |
Ten Days |
Nine Months |
| * if BAC >= .02; Or a minor was in vehicle |
Ten Days |
Twelve Months |
| License Suspension |
Five Years |
| Impoundment |
10 Days; 30 Days if Second DUI Within Three years |
| Ignition Interlock Device |
For a Minimum of One Year |
| Other Penalties |
Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. |
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Second Offense More Than Five Years From First Conviction
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| |
Minimum Penalty |
Maximum Penalty |
| Fine * |
$500 |
$1,000 |
| * If BAC >= .02; Or a minor was in vehicle |
$1,000 |
$2,000 |
| Probation |
One Day |
One Year |
| Jail Time * |
Day of Arrest |
Nine Months |
| * if BAC >= .02; Or a minor was in vehicle |
Day of Arrest |
Twelve Months |
| License Suspension |
180 Days |
One Year |
| Impoundment |
Mandatory Ten Day Period |
| Ignition Interlock Device |
For a Minimum of One Year |
| Other Penalties |
Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. |
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Third DUI Within Ten Years of First Conviction
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| |
Minimum Penalty |
Maximum Penalty |
| Fine * |
$1,000 |
$2,500 |
| * If BAC >= .02; Or a minor was in vehicle |
$2,000 |
$5,000 |
| Probation |
One Day |
One Year |
| Jail Time * |
30 Days |
Twelve Months |
| * if BAC >= .02; Or a minor was in vehicle |
30 Days |
Twelve Months |
| License Suspension |
Ten Years |
| Impoundment |
10 Days or 90 Days if Third DUI Within 5 Years |
| Ignition Interlock Device |
At Least Two Years |
| Other Penalties |
Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. |
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Fourth DUI Charged as a Misdemeanor
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| |
Minimum Penalty |
Maximum Penalty |
| Fine * |
$1,000 |
$2,500 |
| * If BAC >= .02; Or a minor was in vehicle |
$2,000 |
$5,000 |
| Probation |
One Day |
One Year |
| Jail Time * |
Day of Arrest |
Twelve Months |
| * if BAC >= .02; Or a minor was in vehicle |
Day of Arrest |
Twelve Months |
| License Suspension |
Permanent Revocation |
| Impoundment |
Mandatory Ten Day Period |
| Ignition Interlock Device |
At Least Two Years |
| Other Penalties |
Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. |
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Fourth DUI Charged as a Felony
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| |
Minimum Penalty |
Maximum Penalty |
| Fine * |
$1,000 |
$5,000 |
| * If BAC >= .02; Or a minor was in vehicle |
$1,000 |
$5,000 |
| Probation |
One Day |
Five Years |
| Jail Time * |
Day of Arrest |
Five Years |
| * if BAC >= .02; Or a minor was in vehicle |
Day of Arrest |
Five Years |
| License Suspension |
Permanent Revocation |
| Impoundment |
Mandatory Ten Day Period |
| Ignition Interlock Device |
At Least Two Years |
| Other Penalties |
Successful completion of an approved DUI Counter Attack School, be evaluated for any substance abuse problems, and undergo any recommended treatment. |
:: Contact Orlando DUI Attorney Richard Hornsby
Please contact Orlando DUI Attorney Richard Hornsby 24 hours a day, 7 days a week, if you or a loved one have been arrested for Driving Under the Influence ("DUI"). Mr. Hornsby is available any time, day or night, to advise you regarding the proper course of action to take. The initial consultation is free and Mr. Hornsby will respond promptly to provide you with the DUI representation you deserve.
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