Florida DUI Laws, Penalties, and License Suspension

Florida drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.

The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.

Florida Laws

The following driving actions are illegal in the State of Florida:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

Florida Penalties

First Drunk Driving Conviction
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 .20 percent or higher, a sentence of no more than 9 months in jail will be issued. Unless the family of the DUI has 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 $250 and no more than $500. If the driver's BAC was .20 percent or higher or there was a minor in the vehicle the fine will be no less than $500 and no more than $1,000. 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. You must also complete DUI school as directed by the court.

Second Drunk Driving 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 .20 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 10 days mandatory, 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 $500 and no more than $1,000. If the driver's BAC was .20 percent or higher or there was a minor in the vehicle the fine will be no less than $1,000 and no more than $2,000. If within 5 years, a minimum drivers license suspension of 5 years. If eligible, a hardship reinstatement will may be issued after 1 year. You must also complete DUI school as directed by the court.

Third Drunk Driving 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 $1,000 and no more than $2,500. If the driver's BAC was .20 percent or higher, or a minor was in the vehicle during the DUI, the fine will be no less than $2,000. A minimum drivers license suspension of 10 years. If eligible, a hardship reinstatement will may be issued after 2 years.

Fourth Drunk Driving 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 $1,000 and with a BAC of .02 or above the fine will be no less than $2,000.

Florida Drivers License Issues

The implied consent law in Florida means that all drivers holding a valid Florida drivers license agree to submit to a chemical test when they are suspected of a DUI. If you refuse to submit to a chemical test, that refusal is evidence in a DUI criminal proceeding. Your drivers license will be suspended for 1 year the first refusal and 18 months for subsequent refusals. In some cases such as DUI's that include injury or death, your blood may be forcibly taken by reasonable force by the arresting officer.

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