Former State Prosecutor William Tyson
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WILLIAM TYSON FORMER STATE PROSECUTOR

DUI Penalties

Given frequent legislative changes in the area of DUI law and the unique nature of each case, readers are urged not to rely solely on graphs and charts. You are advised to review Florida Statute Section 316.193 and to consult with an experienced attorney.

The following is a list of legal penalties for committing DUI in Florida:

1st DUI:

Potential jail time: 0-6 months or 0-9 months if BAC was higher than 0.20% or minor was present
Fines: $250-$1,000 (depending on BAC level and if minor(s) was present)
Driver’s License Suspension: 6 months to 1 year
Probation: 1 year
Car is usually impounded for 10 days
If BAC was more than 0.20% an interlock device will be placed in car for up to 6 months
Can obtain permit to drive to and from work after 30 days (after completing DUI school)
Insurance costs are likely to increase
Community Service: 50 hours
Non U.S. citizens may face deportation

2nd DUI (within 5 years):

Potential jail time: 10 days-9 months, or 10-12 months if BAC was higher than 0.20% or minor was present
Fines: $500-$2,000 (depending on BAC level and if minor(s) was present)
Driver’s License Suspension: no less than 5 years
Probation: 1 year
Car is usually impounded for 30 days
If BAC was more than 0.20% an interlock device will be placed in car for 1-2 years
May be able to obtain permit to drive to and from work after 90 days
Insurance cost will increase
Community Service: 50 hours
Mandatory attendance to DUI school
Non U.S. citizens may face deportation

3rd DUI (within 10 years):

Potential jail time: 30 days-5 years
Fines: $1,000-$5,000
Driver’s License Suspension: up to 10 years
Probation: 1-5 years
Car is usually impounded for 90 days
If BAC was more than 0.20% an interlock device will be placed in car for at least 2 years
May be able to obtain permit to drive to and from work after 1 year
Insurance cost will to increase
Charged as felony
Community Service: 50 hours
Mandatory attendance to DUI school
Non U.S. citizens may face deportation

4th DUI (within 10 years):

Potential jail time: up to 5 years
Fines: $1,000-$5,000
Driver’s License Suspension: permanent
Probation: 1-5 years
Insurance cost will increase
Community Service: 50 hours
Mandatory attendance to DUI school
Non U.S. citizens may face deportation