Florida DUI Penalties and Fines

Florida Fines and Penalties

Florida DUI Penalties and Fines

Florida Fine Schedule 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 Blood Alcohol Level 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 Blood Alcohol Level of .15 or higher or minor in the vehicle: Not less than $4,000.
  • Fourth or Subsequent Conviction: Not less than $2,000.

Florida Community Service – s. 316.193 (6)(a), F.S.

  • Florida 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.
  • Florida First Conviction: Not more than 6 months. With Blood Alcohol Level of .15 or higher or minor in the vehicle: Not more than 9 months.
  • Florida Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If there is a second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
  • Florida 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 there is a third conviction more than 10 years, imprisonment for not more than 12 months.
  • Florida Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.

Florida Impoundment of Immobilization of Vehicle – s. 316.193 (6), F.S.

Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

Florida DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.

  • Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).
  • Florida DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.
  • Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).
  • Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.

Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

  • DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
  • DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
  • Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
  • Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment)

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