Florida DUI Penalties Are Serious—Here's What You Can Expect and Why You Need a Lawyer to Fight Your Case

Being arrested for DUI in Florida can have far-reaching consequences, both legally and personally. The penalties for a DUI conviction in Florida are outlined under Florida Statutes § 316.193, and they can range from fines to jail time and even to a permanent criminal record. If you've been arrested for DUI, you may be wondering what the penalties are and how you can fight the charges.

As an experienced Florida criminal defense lawyer, I'm here to walk you through what Florida Statutes § 316.193 says, the penalties for DUI conviction, potential defenses, and why you need a private attorney by your side. I've seen first-hand how the outcome of a DUI case can change drastically depending on the approach you take.

What Florida Statutes § 316.193 Says About DUI

Florida Statutes § 316.193 is the section of law that governs driving under the influence in Florida. This statute defines DUI and sets out the penalties for conviction. Here's the breakdown:

  • § 316.193(1)(a): A person is guilty of DUI if they are under the influence of alcohol, any chemical substance, or controlled substance, when affected to the extent that their normal faculties are impaired.
  • § 316.193(1)(b): A person can also be charged with DUI if their blood alcohol level (BAC) is 0.08% or higher.

The law doesn't just apply to alcohol—it includes prescription drugs, over-the-counter medications, and illicit drugs like marijuana, cocaine, and methamphetamine. That's why you don't have to be drunk to be arrested for DUI in Florida. The police only need to believe your ability to operate the vehicle is impaired.

The penalties for DUI conviction vary based on whether it's a first, second, or third offense and whether there are any aggravating factors such as injury or death.

DUI Penalties in Florida – What You Can Expect

The penalties for DUI in Florida can be severe. Whether it's your first offense or a repeat offense, the consequences can affect your freedom, your finances, and your future. Let's break it down.

First DUI Offense:

If you are convicted of a first DUI offense, the penalties can include:

  • Fines: Between $500 and $1,000.
  • Jail Time: Up to 6 months in jail (though many first-time offenders are given probation).
  • License Suspension: Your license can be suspended for 180 days to 1 year.
  • Community Service: At least 50 hours of community service, or the court may impose a fine of $10 for each hour of community service not completed.
  • DUI School: You will be required to complete a DUI education program (also known as DUI school).
  • Probation: Up to 1 year of probation.

Additionally, if your blood alcohol content (BAC) is 0.15% or higher, the penalties increase. You could face mandatory ignition interlock device installation in your vehicle and more extensive probation.

Second DUI Offense:

For a second DUI offense within 5 years of the first offense:

  • Fines: Between $1,000 and $2,000.
  • Jail Time: A minimum of 10 days in jail, with a maximum of 9 months.
  • License Suspension: 5-year license suspension.
  • Community Service: At least 50 hours of community service or a fine of $10 for each hour not completed.
  • DUI School: Another round of DUI school and possibly treatment for substance abuse.

If your BAC is 0.15% or higher, you'll face mandatory ignition interlock installation.

Third DUI Offense:

A third DUI offense within 10 years carries severe penalties:

  • Fines: Between $2,000 and $5,000.
  • Jail Time: A minimum of 30 days in jail (up to 5 years for multiple offenses).
  • License Suspension: Permanent revocation of your driver's license, but you may be eligible for a hardship license after 5 years.
  • Community Service: At least 50 hours of community service.
  • DUI School: You'll be required to complete DUI school and possibly drug and alcohol treatment.

For a third offense DUI, you will likely have a criminal record that follows you for life. The penalties are designed to send a strong message about the seriousness of driving impaired.

DUI with Injury or Death:

If you are involved in an accident that causes serious bodily injury or death, the penalties escalate. Here's what you could face:

  • Injury: If you cause serious bodily injury, you can face a third-degree felony. This can result in up to 5 years in prison, fines up to $5,000, and license revocation.
  • Death: If someone dies as a result of the accident, you can be charged with DUI manslaughter—a second-degree felony. This carries a prison sentence of up to 15 years and fines of up to $10,000.

Why You Need a Private Attorney

The stakes are incredibly high when it comes to a DUI charge in Florida. As you can see, a DUI conviction can result in a range of penalties, from fines to jail time to permanent loss of your driving privileges. But what many people don't realize is that a DUI conviction is not guaranteed—and there are defenses available.

 

A private attorney will help you build a defense by:

  • Challenging the stop: Was there reasonable suspicion or probable cause for the traffic stop in the first place? If the officer violated your rights, the case may be dismissed.
  • Challenging the field sobriety tests: These tests are notoriously subjective, and I know how to discredit them in court.
  • Challenging the breathalyzer: Breathalyzers can produce inaccurate results. I will investigate whether the equipment was properly calibrated and maintained.
  • Negotiating plea deals: If the case against you is strong, a private attorney can work to reduce charges or penalties, possibly preventing a conviction from appearing on your permanent record.

Take the case of John, a client I represented who was arrested for DUI after failing a field sobriety test and being found with a BAC of 0.09%. The case seemed straightforward, but upon investigation, I found that the officer had failed to follow proper protocol in administering the test. I successfully argued that the evidence gathered was insufficient, and the case was dismissed.

If you're facing a DUI charge, don't wait for your case to go to trial. A private attorney can often resolve the matter before it even gets to court.

FAQs About Florida DUI Charges and Penalties

What is the penalty for a first-offense DUI in Florida?

For a first-offense DUI in Florida, you can face fines between $500 and $1,000, a license suspension of up to one year, mandatory DUI school, and possibly up to six months in jail. If your BAC is 0.15% or higher, you could face enhanced penalties like mandatory ignition interlock installation.

Can a DUI charge be reduced in Florida?

Yes, DUI charges can sometimes be reduced to a lesser charge, such as reckless driving, depending on the circumstances of your case and whether you have a strong defense. An experienced attorney will examine every aspect of your case to see if a reduction is possible.

What happens if I refuse a breath test in Florida?

If you refuse a breath test in Florida, you will face automatic penalties under the implied consent law, including a license suspension for 1 year for a first refusal. A second refusal can result in an 18-month suspension. Refusing a test doesn't help your case—it can actually make things worse.

How long will a DUI conviction stay on my record in Florida?

In Florida, a DUI conviction stays on your record permanently. It cannot be sealed or expunged. This is why it's crucial to fight the charge aggressively with the help of a private attorney.

What is the difference between DUI and DUI manslaughter in Florida?

DUI manslaughter in Florida occurs when you drive under the influence and cause the death of another person. This is considered a second-degree felony and carries up to 15 years in prison and up to $10,000 in fines.

Can I still get a hardship license after a DUI conviction in Florida?

Yes, you may be eligible for a hardship license after a DUI conviction, but only after meeting certain requirements. A second DUI offense may make you eligible for a hardship license after 1 year. However, for a third offense, the license may be permanently revoked.

Can a DUI be expunged in Florida?

No, in Florida, a DUI conviction cannot be expunged or sealed. If you are convicted, it will remain on your criminal record.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.