DUI Reference Guide

Florida DUI Laws

Being arrested for DUI in Florida results in serious consequences including action against a person’s driving rights and a criminal case with penalties following if an individual is convicted.  Drivers can be arrested for DUI if there driving abilities are impaired by alcohol or any type of drugs. 

There are many potential consequences for a DUI offense.  Anyone convicted of a DUI will pay fines and can be sentenced to time in jail.  Community service and probation can also apply.  A person will have their driver’s license suspended and can be required to receive treatment for any alcohol addictions and related problems.

DUI arrests will result in action against a person’s license by the Motor Vehicle Department.  In fact, their license can be suspended immediately unless a driver asks to have a hearing.  They must make this request as soon as possible after their arrest (10 days or less).  An individual can have their license revoked for as much as eighteen months with six months being a typical minimum.  The length of suspension depends upon the number of DUI offenses on a person’s record as well as whether or not they took a chemical test. 

Anyone who is charged with a DUI homicide (having caused a fatal accident while driving under the influence) can lose his or her license for life.  There are cases in which they can be granted some driving privileges.  However, an individual cannot even apply for a hardship license for five years and they can only do so if they never had a DUI conviction in the past.

Criminal penalties for a DUI convictions can vary greatly depending upon how many offenses a person has committed in the past along with other circumstances at the time of arrest.  For those who have a BAC that is under 0.20% first time offenders can spend as much as six months in jail, that time increases to a possible nine months for those on their second DUI offense.  On a third conviction a person can be sentenced to as much as 12 months.  Even when terms are suspended people usually need to spend at least 30 days in jail.  Fourth time offenders can be sent to jail for as much as five years. 

Fines range greatly depending upon the person’s number of offenses.  First time offenders will pay at least $250 in fines.  As a person has more convictions on their record, they could end up paying as much as $2000.  Those who have a BAC that meets or exceeds 0.20 can serve longer prison sentences as well as pay higher fines than those with lower levels.

Community service is mandatory for a first conviction of DUI (50 hours), or an additional fine or a buy out fee of $10 for each hour of community service is required. For a first-offense DUI, the total period of probation and jail may not exceed one year.  There are times in which a person will have sentencing but will not need to serve that in prison.  They might be sent to an inpatient treatment program if they have alcohol or drug addictions. 

There are cases in which a person can be charged with a felony.  For those who have a third DUI on their record, a felony charge will apply.  Terms vary but cannot exceed five years in prison.  The same is true for anyone responsible for an accident where people are seriously harmed in that accident. 

DUI laws are very complicated and complex in Florida.  There are many factors affecting the penalties associated with the crime.  For these reasons, it is highly important to contact a lawyer particularly one specialize in DUI cases.  General practice lawyers should be avoided, as they are not always as knowledgeable in the area of DUI as they need to be in order to represent a defendant well.

Free consultations are often provided by many lawyers.  Anyone who faces DUI charges can talk with a couple lawyers in order to find the one who appears most skilled in the area of DUI law.  People can search for lawyers who have an established history of handling DUI cases.  Individuals who have requested a hearing with the motor division in Florida also are able to have a lawyer represent them at this case.