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DUI Penalties

Florida DUI Penalties Chart

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DUI FIRST OFFENSE BAC Level BELOW 0.15

Offense Level: Misdemeanor

Minimum Jail Sentence: No Minimum Jail Sentence Required

Maximum Jail Sentence: 6 Months in County Jail

Length of Probation: 1 Day to 12 Months of Probation

Minimum Length of Driver’s License Suspension Period: 6 Months

Maximium Length of Driver’s License Suspension Period: 12 Months

Minimum Fine Required: $500

Maximum Fine Required: $1000

Length of Time Required for Vehicle Impound: 10 Days for Vehicle Used in Offense or Current Vehicle

Length of Time Required for Ignition Interlock: Not Required

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of DUI School, Alcohol/Drug Evaluation and treatment if recommended; Performance of 50 Community Serrvice Hours

DUI FIRST OFFENSE BAC Level ABOVE 0.15 OR Accompanied in Vehicle by a Person Under 18 Years of Age

Offense Level: Misdemeanor

Minimum Jail Sentence: No Minimum Jail Sentence Required

Maximum Jail Sentence: 9 Months in County Jail

Length of Probation: 1 Day to 12 Months of Probation

Minimum Length of Driver’s License Suspension Period: 6 Months

Maximium Length of Driver’s License Suspension Period: 12 Months

Minimum Fine Required: $1000

Maximum Fine Required: $2000

Length of Time Required for Vehicle Impound: 10 Days for Vehicle Used in Offense or Current Vehicle

Length of Time Required for Ignition Interlock: Minimum of 6 Months on All Vehicles in Your Name

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of Level 1 DUI School, Alcohol/Drug Evaluation and treatment if recommended; Performance of 50 Community Serrvice Hours

DUI SECOND OFFENSE More Than 5 Years After First Offense BAC Level BELOW 0.15

Offense Level: Misdemeanor

Minimum Jail Sentence: No Minimum Jail Sentence Required

Maximum Jail Sentence: 9 Months in County Jail

Length of Probation: 1 Day to 12 Months of Probation

Minimum Length of Driver’s License Suspension Period: 6 Months

Maximium Length of Driver’s License Suspension Period: 12 Months

Minimum Fine Required: $1000

Maximum Fine Required: $2000

Length of Time Required for Vehicle Impound: 10 Days for Vehicle Used in Offense or Current Vehicle

Length of Time Required for Ignition Interlock: Minimum of 1 Year on All Vehicles in Your Name

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of Level 2 DUI School, Alcohol/Drug Evaluation and treatment if recommended

DUI SECOND OFFENSE More Than 5 Years After First Offense BAC Level ABOVE 0.15 OR Accompanied in Vehicle by a Person Under 18 Years of Age

Offense Level: Misdemeanor

Minimum Jail Sentence: No Minimum Jail Sentence Required

Maximum Jail Sentence: 12 Months in County Jail

Length of Probation: 1 Day to 12 Months of Probation

Minimum Length of Driver’s License Suspension Period: 6 Months

Maximium Length of Driver’s License Suspension Period: 12 Months

Minimum Fine Required: $2000

Maximum Fine Required: $4000

Length of Time Required for Vehicle Impound: 10 Days for Vehicle Used in Offense or Current Vehicle

Length of Time Required for Ignition Interlock: Minimum of 2 Years on All Vehicles in Your Name

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of Level 1 DUI School, Alcohol/Drug Evaluation and treatment if recommended

DUI SECOND OFFENSE Within 5 Year of a First Offense BAC Level BELOW 0.15

Offense Level: Misdemeanor

Minimum Jail Sentence: Minimum 10 Days in County Jail

Maximum Jail Sentence: 9 Months in County Jail

Length of Probation: 1 Day to 12 Months of Probation

Minimum Length of Driver’s License Suspension Period: 5 Years (Not Eligible for Hardship for 1 year)

Maximium Length of Driver’s License Suspension Period: No Maximum Specified by Law

Minimum Fine Required: $1000

Maximum Fine Required: $2000

Length of Time Required for Vehicle Impound: 30 Days for All Vehicles in Your Name

Length of Time Required for Ignition Interlock: Minimum of 1 Year on All Vehicles in Your Name

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of Level 2 DUI School, Alcohol/Drug Evaluation and treatment if recommended

DUI SECOND OFFENSE Within 5 Year of a First Offense BAC Level ABOVE 0.15 OR Accompanied in Vehicle by a Person Under 18 Years of Age

Offense Level: Misdemeanor

Minimum Jail Sentence: Minimum 10 Days in County Jail

Maximum Jail Sentence: 12 Months in County Jail

Length of Probation: 1 Day to 12 Months of Probation

Minimum Length of Driver’s License Suspension Period: 5 Years (Not Eligible for Hardship for 1 year)

Maximium Length of Driver’s License Suspension Period: No Maximum Specified by Law

Minimum Fine Required: $2000

Maximum Fine Required: $4000

Length of Time Required for Vehicle Impound: 30 Days for All Vehicles in Your Name

Length of Time Required for Ignition Interlock: Minimum of 2 Years on All Vehciles in Your Name

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of Level 2 DUI School, Alcohol/Drug Evaluation and treatment if recommended

DUI THIRD OFFENSE More Than 10 Years After Last Offense BAC Level BELOW 0.15

Offense Level: Misdemeanor

Minimum Jail Sentence: No Minimum Jail Sentence Required

Maximum Jail Sentence: 12 Months in County Jail

Length of Probation: 1 Day to 12 Months of Probation

Minimum Length of Driver’s License Suspension Period: 6 Months

Maximium Length of Driver’s License Suspension Period: 12 Months

Minimum Fine Required: $2000

Maximum Fine Required: $5000

Length of Time Required for Vehicle Impound: 10 Days for Vehicle Used in Offense or Current Vehicle

Length of Time Required for Ignition Interlock: Minimum of 2 Year on All Vehicles in Your Name

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of Level 2 DUI School, Alcohol/Drug Evaluation and treatment if recommended

DUI THIRD OFFENSE More Than 10 Years After Last Offense BAC Level ABOVE 0.15 OR Accompanied in Vehicle by a Person Under 18 Years of Age

Offense Level: Misdemeanor

Minimum Jail Sentence: No Minimum Jail Sentence Required

Maximum Jail Sentence: 12 Months in County Jail

Length of Probation: 1 Day to 12 Months of Probation

Minimum Length of Driver’s License Suspension Period: 6 Months

Maximium Length of Driver’s License Suspension Period: 12 Months

Minimum Fine Required: $4000

Maximum Fine Required: $5000

Length of Time Required for Vehicle Impound: 10 Days for Vehicle Used in Offense or Current Vehicle

Length of Time Required for Ignition Interlock: Minimum of 2 Years on All Vehicles in Your Name

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of Level 1 DUI School, Alcohol/Drug Evaluation and treatment if recommended

DUI THIRD OFFENSE Within 10 Years of a Prior Offense BAC Level BELOW 0.15

Offense Level: Felony

Minimum Jail Sentence: Minimum 30 Days in County Jail

Maximum Jail Sentence: 60 Months in Florida State Prison

Length of Probation: 1 Day to 60 Months of Probation

Minimum Length of Driver’s License Suspension Period: 10 Years (Not Eligible for Hardship for 2 Years)

Maximium Length of Driver’s License Suspension Period: No Maximum Specified by Law

Minimum Fine Required: N/A

Maximum Fine Required: $5000

Length of Time Required for Vehicle Impound: 90 Days for All Vehicles in Your Name

Length of Time Required for Ignition Interlock: Minimum of 2 Year on All Vehicles in Your Name

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of Level 2 DUI School, Alcohol/Drug Evaluation and treatment if recommended

DUI THIRD OFFENSE Within 10 Years of a Prior Offense BAC Level ABOVE 0.15 OR Accompanied in Vehicle by a Person Under 18 Years of Age

Offense Level: Felony

Minimum Jail Sentence: Minimum 30 Days in County Jail

Maximum Jail Sentence: 60 Months in Florida State Prison

Length of Probation: 1 Day to 60 Months of Probation

Minimum Length of Driver’s License Suspension Period: 10 Years (Not Eligible for Hardship for 2 Years)

Maximium Length of Driver’s License Suspension Period: No Maximum Specified by Law

Minimum Fine Required: $4000

Maximum Fine Required: $5000

Length of Time Required for Vehicle Impound: 90 Days for All Vehicles in Your Name

Length of Time Required for Ignition Interlock: Minimum of 2 Years on All Vehicles in Your Name

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of Level 1 DUI School, Alcohol/Drug Evaluation and treatment if recommended

DUI FOURTH(OR SUBSEQUENT) OFFENSE More Than 10 Years After Last Offense BAC Level BELOW 0.15

Offense Level: Felony

Minimum Jail Sentence: No Minimum Jail Sentence Required

Maximum Jail Sentence: 60 Months in Florida State Prison

Length of Probation: 1 Day to 60 Months of Probation

Minimum Length of Driver’s License Suspension Period: Permanent Revoction of Driver’s License

Maximium Length of Driver’s License Suspension Period: Permanent Revoction of Driver’s License

Minimum Fine Required: $2000

Maximum Fine Required: $5000

Length of Time Required for Vehicle Impound: None Specified by Law for a 4th Offense, but see Note 1.1

Length of Time Required for Ignition Interlock: None Specified by Law for a 4th Offense, but see Note 1.2

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of Level 2 DUI School, Alcohol/Drug Evaluation and treatment if recommended

DUI FOURTH(OR SUBSEQUENT) OFFENSE More Than 10 Years After Last Offense BAC Level ABOVE 0.15 OR Accompanied in Vehicle by a Person Under 18 Years of Age

Offense Level: Felony

Minimum Jail Sentence: No Minimum Jail Sentence Required

Maximum Jail Sentence: 60 Months in Florida State Prison

Length of Probation: 1 Day to 60 Months of Probation

Minimum Length of Driver’s License Suspension Period: Permanent Revoction of Driver’s License

Maximium Length of Driver’s License Suspension Period: Permanent Revoction of Driver’s License

Minimum Fine Required: $4000

Maximum Fine Required: $5000

Length of Time Required for Vehicle Impound: None Specified by Law for a 4th Offense, but see Note 1.1

Length of Time Required for Ignition Interlock: None Specified by Law for a 4th Offense, but see Note 1.2

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of Level 1 DUI School, Alcohol/Drug Evaluation and treatment if recommended

DU DAMAGE TO THE PROPERTY OR PERSON OF ANOTHER

Offense Level: Misdemeanor

Minimum Jail Sentence: None, but all other minimum enhanced penalties applicable in your case will be imposed

Maximum Jail Sentence: 12 Months in County Jail

Length of Probation: 1 Day to 12 Months of Probation

Minimum Length of Driver’s License Suspension Period: 6 Months, unless longer period called for by other enhancement applicable to your case

Maximium Length of Driver’s License Suspension Period: 12 Months, unless longer period called for by other enhancement applicable to your case

Minimum Fine Required: $500.00, unless higher amount is called for by other enhancement applicable to your case

Maximum Fine Required: $1,000.00, unless higher amount is called for by other enhancement applicable to your case

Length of Time Required for Vehicle Impound: 10 Days, unless longer period called for by other enhancement applicable to your case

Length of Time Required for Ignition Interlock: Not Required, unless called for by other enhancement applicable to your case

Additional Mandatory Penalties For This Offense: Adjudication of Guilt/NO WITHHOLDING OF ADJUDICATION; Payment of Court Court Costs starting at $400.00; Completion of DUI School, Alcohol/Drug Evaluation and treatment if recommended; Performance of 50 Community Service Hours; Resitiution for property damage (likely but not mandatory); Restitution for injuries and/or medical treatment (likely but not mandatory)

Note 1.1: While there is no legally specified period for impoundment established for a 4th or Subsequent DUI, if that 4th offense is the 2nd within 5 years, or 3rd within 10 years, then those mandatory impound provisions will likely be advocated by the State and considered by the Judge in determining your sentence. Keep in mind, your Judge has the discretion to make such provisions a part of your sentence even when not required to do so.

Note 1.2: While there is no legally specified requirement that an Ignition Interlock Device be installed specifically for a 4th or Subsequent DUI, if that 4th offense is the 2nd within 5 years, or 3rd within 10 years, then those mandatory Interlock Provisions will likely be advocated by the State and Considered by your Judge in determining your sentence. Again, your Judge has the discretion to make such provisions a part of your sentence even when not required to do so.

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