DUI Law FAQ– 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. First Conviction: Not less than $500, or more than $1,000.
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
DUI Imprisonment Laws Florida
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.
What is BAC? = blood alcohol content
Florida DUI according to BAC
- Under 21 years old .02%
- Over 21 years old .08%
- Commercial .04% (This limit is lower for drivers of commercial vehicles)
Does a DUI in Florida Count as a Criminal Offense?
Your DUI conviction, or refusal to consent to a chemical test is considered a misdemeanor in Florida unless:
This is your third DUI within ten years (classified as a third degree felony).
This is your fourth, fifth, sixth, or more DUI regardless of when they occurred (classified as a third degree felony).
Your incident was the cause of serious bodily injury (medical injury with a risk of death) or disfigurement or serious organ injury (classified as a third degree felony). Your incident resulted in the death of a person or unborn (DUI manslaughter — either a first or a second-degree felony).
2010 Florida DUI Convictions in the large Florida Counties
Hillsborough County (Tampa) – 3,256
Miami-Dade – (Miami) – 2,274
Duval County – (Jacksonville Area) – 2,222
Pinellas County (St Petersburg) – 1,824
Palm Beach County (West Palm Beach) – 1,561
Orange County (Orlando) – 1,383
Brevard County (Melbourne) – 1,072
Broward County (Fort Lauderdale) – 985
Zero Tolerance for Drivers under 21
Florida has a Zero Tolerance law for drivers under 21. This means that any driver under 21 that is stopped by law enforcement and has a blood alcohol level of .02 or higher will automatically have their Florida drivers license suspended for 6 months. The .02 limit really means that you cannot have a single drink and drive. And that’s the idea.
For drivers over 21 the legal limit in Florida is .08. Regardless of your age be aware that drinking and driving is considered a serious offense. Below we have summarized the penalties in the state of Florida for a first offense DUI, but the average cost including legal defense, fines, and auto insurance increases is $8000.
How many drinks does it take to reach the legal limit in Florida?
There really isn’t a magic formula that can calculate exactly how much you can drink before you become legally impaired. It is safe to say that for every drink you take, your level of impairment increases. There have been studies that have shown that you blood alcohol concentration level goes up approximately .05 percent for each drink taken. In fact, it takes very little alcohol to become legally drunk. The best answer is not to drink and drive.
If you are caught with a DUI you will need an experienced DUI Attorney. Always Hire an Experienced DUI Attorney
Have The Experience Of A Former Assistant State Attorney
Mitchell Frank has been a member of the Florida Bar since 1987. He graduated the University of Miami School of Law in 1986 and received a Business Degree from the University of Miami in 1983. Experienced Fort Lauderdale Ticket Attorney Serving Fort Lauderdale, Plantation, Davie, Pompano Beach, Weston, Deerfield Beach, Weston, Coral Springs, Oakland Park, and all of Broward County Call 1-800-980-5650 or if you prefer, use the quick form above and get a response within 24 hours – including weekends, holidays, and evenings!
Contact my office at: (954) 476-5650, (305) 222-8878 or (800) 980-5650 to speak to an attorney immediately or fill out the contact form located at the left side of the page and I will contact you. Either way, I will discuss your case with you and advise you of the cost to represent you. You can then come to my office or pay by credit card or check card over the phone. It’s that easy! No Bait and Switch