Consequences Of A Florida DUI

  • Published

Consequences Of A Florida DUI

  • Post author:

Consequences Of A Florida DUI

What happens if you get a DUI in Florida? There may be a number of different consequences, including fines, auto impoundment, license suspension, and even custodial sentences in some cases. Read on to discover more.

PLEASE NOTE: The following information is simply a guide to what you can expect if you are charged with driving under the influence of alcohol or drugs. If your actions result in injury or death, you could be facing a far more severe penalty.

Fines Following A Florida DUI

If you are convicted of driving under the influence in Florida, you may be subject to a fine. The amount you will need to pay will depend upon how many prior convictions you have had, as well as other factors.

  • If this is your first conviction, your fine will be at least $500 and, at most, $1,000.
  • When the blood or breath alcohol level (BAL) was found to be 0.15 or above, the fine will be between $1,000 and $2,000. If there was a minor in the vehicle at the time of the offense, this higher fine would also be applied.
  • If this is your second conviction, your fine will be at least $1,000 and, at most, $2,000.
  • When the BAL was found to be 0.15 or above, the fine would be between $2,000 and $4,000. If there was a minor in the vehicle at the time of the offense, this higher fine would also be applied.
  • If this is your third conviction, your fine will be at least $2,000 and, at most, $5,000.
  • When the BAL is found to be 0.15 or above, the fine will be at least $4,000 without an upper limit. If there was a minor in the vehicle at the time of the offense, this higher fine would also be applied.
  • If this is your fourth conviction — or if you have already had four convictions in the past — your fine will be at least $2,000 and will not have an upper limit.
  • When the BAL is found to be 0.15 or above, the fine will be at least $4,000 without an upper limit. If there was a minor in the vehicle at the time of the offense, this higher fine would also be applied.

Custodial Sentences Following A Florida DUI

A custodial sentence is not usually attached to a DUI in Miami-Dade County, Florida. However, the local courts do have the right to elevate the matter if they deem it appropriate. This means, in some cases, you could find yourself with a prison sentence as well as a fine.

  • If this is your first conviction, your sentence will be no more than six months.
  • When the BAL was found to be 0.15 or above, the fine will be no more than nine months. If there was a minor in the vehicle at the time of the offense, this higher sentence would also be applied.
  • If this is your second conviction, your sentence will be no more than nine months.
  • When the BAL was found to be 0.15 or above, the sentence could be up to 12 months. If there was a minor in the vehicle at the time of the offense, this higher sentence would also be applied.
  • If a conviction occurred within five years of an earlier conviction, a ten-day minimum prison sentence is applied automatically, with at least two days served consecutively.
  • If this is your third conviction, your sentence will be no more than 12 months.
  • When the third conviction has occurred within 10 years since the prior conviction, there is an automatic custodial sentence of at least 30 days, and at least two of these days are served consecutively.
  • If this is your fourth conviction, you could be imprisoned for up to five years. If other charges are brought against you simultaneously, the custodial sentence may be extended.

Other Consequences Following A Florida DUI

There may be other consequences to a Florida DUI, too.

The court may rule that community service is required — the duration of this community service period will depend on the number of previous convictions and other factors like BAL and the presence of a minor in the vehicle.

The driving license may be revoked or suspended.

  • For the first offense, the license may be suspended for between 180 days and one year.
  • For the second offense, the period is the same as for the first offense, provided five years have elapsed. If the offense is less than five years following the first, the license may be suspended for five years, subject to appeal.
  • For the third offense more than ten years after the second, the period remains at 180 days to one year. If the offense occurred within 10 years of the second, the license might be revoked for ten years, subject to appeal.
  • For the fourth offense, the license may be permanently revoked, subject to appeal.

The vehicle may be impounded.

  • After the first conviction, the vehicle may be impounded for ten days.
  • After a second conviction within five years, the vehicle may be impounded for 30 days.
  • After the third conviction within ten years, the vehicle may be impounded for 90 days.

These rulings may be appealed if the individual or family depends on their vehicle.

Bear in mind there may be other indirect consequences. For example, termination of employment, loss of parental rights, and breakdown of social relationships.

Get The Guidance You Need Following A Florida DUI

If you’re facing a DUI in Miami-Dade County, Florida, reach out today. Get the advice and guidance you need as you understand your options and seek to move forward with your life.