Florida DUI Laws – Detailed Information

Every year the State of Florida makes the Florida DUI laws tougher for defendants.  For example, a few years ago, the blood alcohol consumption  limit was (BAC) .1.  They changed that to a BAC of .08.  Florida DUI laws now have enhancements if you blow over a BAC of .15.  Just a few years ago the enhancements came with a BAC of .20  breath reading and years before that there were no enhancements.   Recent Florida DUI laws mandate a device be installed in a vehicle that measures the alcohol consumption of the driver of a vehicle while on probation for a 1st conviction if the defendant blew over a BAC of .15.  The same is true for all repeat offenders. 

Florida DUI laws never seem to get reduced.  Some felony and other misdemeanor charges have their penalties lowered, but this is never the case with Florida DUI laws.  Some other recent negative Florida DUI law changes are as follows: A third conviction within 10 years of a prior conviction is now a felony, and all 4th convictions are felonies.  The most recent change occurred on October 1st, 2009; now when a DUI defendant files for their license hearing there is a fee that must be paid.  This is a first, the DUI administrative hearings have been free since the 1st DUI license hearing I did back in 1994.
 
1st time offenders

A first time conviction of drunk driving in Florida will result in up to 6 months in jail. If a minor was in the vehicle at the time of the arrest, or if the driver had a BAC of .15 percent or higher, a sentence of no more than 9 months in jail will be issued. Unless the family members of the person being charged with DUI have no other means of transportation, the vehicle will be impounded for 10 days. The convicted driver will also receive a fine of no less than $500 and no more than $1,000. If the driver's BAC was .15 percent or higher or there was a minor in the vehicle the fine will be no less than $1000 and no more than $2,000. There is also a possibility of a drivers license suspension of 6 months. You will also need to do 50 hours of community service or pay $10 for every hour of community service, given if the Judge allows you to buy out your service hours.  You must also complete DUI school as directed by the court.

2nd conviction

A second drunk driving conviction in Florida will result in up to 9 months in jail. If a minor was in the vehicle at the time of the arrest, or the driver had a BAC of .15 percent or higher, a sentence of no more than 12 months in jail will be issued. If the second conviction of drunk driving is within 5 years of the first, the driver must be imprisoned for a mandatory 10 days, 48 hours of the confinement must be consecutive. Unless the family of the convicted driver has no other means of transportation the vehicle will be impounded for 30 days. The convicted driver will also receive a fine of no less than $1,000 and no more than $2,000. If the driver's BAC was .15 percent or higher or there was a minor in the vehicle the fine will be no less than $2,000 and no more than $4,000. If within 5 years, a minimum drivers license suspension of 5 years will be imposed. If eligible, a hardship reinstatement may be issued after 1 year. You must also complete DUI school as directed by the court.

3rd conviction

A third drunk driving conviction in Florida will result in up to 12 months in jail, 30 days of the jail sentence is mandatory and 48 hours must be served consecutively. Unless the family of the convicted driver has no other means of transportation, the vehicle will be impounded for 90 days. The convicted driver will also receive a fine of no less than $2,000 and no more than $5,000. If the driver's BAC was .15 percent or higher, or a minor was in the vehicle during the DUI, the fine will be no less than $4,000. A minimum drivers license suspension of 10 years will be imposed. If eligible, a hardship reinstatement may be issued after 2 years.

4th conviction

A fourth drunk driving conviction will result in up to 5 years in jail as provided in the State of Florida statutes as a habitual offender. On your fourth drunk driving conviction, your license will be revoked for life, without any possibility of receiving a hardship reinstatement. The fine will be no less than $2,000.  As you can see, Florida DUI Laws for a 4th conviction are very tough.