DUI
(Driving Under the Influence of Alcoholic Beverages, Chemical Substances or
Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI
is one offense, proved by impairment of normal faculties or unlawful blood
alcohol or breath alcohol level of .08 or above. The penalties upon conviction
are the same, regardless of the manner in which the offense is proven. Fines - s. 316.193(2)(a)-(b), F.S.
- First Conviction: Not less than $500, or more than $1,000. With
Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle:
Not less than $1,000, or more than $2,000.
- Second Conviction: Not less than $1,000, or more than $2,000. With BAL of
.15 or higher or minor in the vehicle: Not less than $2,000, or more than
$4,000.
- Third Conviction More
than 10 years from second: Not
less than $2,000, or more than $5,000. With BAL of .15 or higher or minor
in the vehicle: Not less than $4,000.
- Fourth or Subsequent
Conviction: Not less than $2,000.
Community Service - s. 316.193 (6)(a), F.S.
First Conviction: Mandatory 50 hours of community service
or additional fine of $10 for each hour of community service required.
Probation - s. 316.193 (5)(6), F.S.
First conviction,
total period of probation and incarceration may not exceed 1 year.
Imprisonment- s. 316.193 (2)(a) 2, 4(b),
(6)(j), F.S.
At court's discretion,
sentencing terms may be served in a residential alcoholism or drug abuse
treatment program, credited toward term of imprisonment.
- First Conviction: Not more than 6 months. With BAL of .15 or higher or
minor in the vehicle: Not more than 9 months.
- Second Conviction: Not more than 9 months. With BAL of .15 or higher or
minor in the vehicle: Not more than 12 months. If second conviction within
5 years, mandatory imprisonment of at least 10 days. At least 48 hours of
confinement must be consecutive.
- Third Conviction: If third conviction within 10 years, mandatory
imprisonment of at least 30 days. At least 48 hours of confinement must be
consecutive. If third conviction more than 10 years, imprisonment for not
more than 12 months.
- Fourth or Subsequent
Conviction: Not more than 5 years or as
provided in s.775.084, Florida Statutes, as habitual/violent offender.
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