If you are a Florida resident and have been charged with DUI, you likely have many questions about what will happen next.
Under Florida law, it is illegal to operate a motor vehicle while impaired by alcohol or drugs. It includes driving while your blood alcohol concentration (BAC) is over the legal limit of 0.08%, as well as driving while impaired by drugs, even if your BAC is below the legal limit.
DUI offenses can result in significant penalties, including fines, jail time, and driver’s license suspension. To understand how the DUI laws work in Florida, it is essential to know the different types of DUI offenses and the corresponding penalties.
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What is a DUI?
DUI in Florida is understood as operating a motor vehicle while impaired by alcohol or drugs. It includes driving while your blood alcohol concentration (BAC) is over the legal limit of 0.08%, as well as driving while impaired by drugs, even if your BAC is below the legal limit.
DUI in Florida: Convictions and Penalties
The penalties for DUI convictions vary depending on several factors, including the defendant’s age, BAC, and previous DUI convictions.
1st Conviction
The penalties for a first DUI conviction in Florida include:
- A fine of up to $1,000.
- Jail time of six months.
- Suspended driver’s license for up to a year.
The ignition interlock device may also be required for six months for a BAC of more than 0.15. Additional penalties for a first offense include more than one year of probation, ten days of vehicle impoundment, and 50 hours of community service.
2nd Conviction
The penalties for a second DUI conviction within five years of the first conviction include:
- A fine of up to $2,000.
- 9 months in jail.
- Suspended driver’s license for up to a year.
There’s a two-year penalty for an ignition interlock device for a BAC of more than 0.15. Moreover, a second offense, which occurs within five years of the prior, attracts a minimum of 10 days in jail, 30 days in vehicle impoundment, and five years in license revocation.
3rd Conviction
The penalties for a third DUI conviction within ten years of the first conviction include:
- A fine of up to $5,000.
- Imprisonment for up to 12 months.
- Suspended driver’s license for up to12 months.
The ignition interlock device may also be required for up to two years. A third offense is regarded as a felony. It occurs ten years before the prior offense and attracts a minimum of 30 days in jail, 90 days in vehicle impoundment, and ten years license revocation.
License Reinstatement After a DUI
If your driver’s license is suspended due to a DUI conviction, you may be able to apply for a hardship license. A hardship license allows you to drive to and from work, school, and church. To be eligible for a hardship license, you must meet specific requirements, such as completing a DUI education program.
To Sum It Up
If you have been charged with DUI in Florida, it is vital to seek legal advice from an experienced criminal defense attorney. An attorney can help you understand the DUI laws in Florida and advise you on the best course of action to take.
It is important to remember that you have rights and should not plead guilty to a DUI without first seeking legal counsel.