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The mandatory penalties for DUI if Florida are governed by FSS 316.193 and vary based on a number of factors such as whether the incident was a DUI with an accident, whether there was a child in the vehicle or if the driver had a blood alcohol level (BAL) of .15 or higher. Some DUI offenses are felonies in Florida which carry much harsher mandatory minimum penalties.
First Time DUI Conviction Mandatory Minimum Penalties
First time DUI offenders who are convicted of operating a motor vehicle with a BAL exceeding .08 but less than .15 face between 6-12 months of probation and up to 6 months in jail. First time DUI offenders face a mandatory fine of between $500-$1000. If a driver is convicted of having a BAL greater than $1000 but not more than $2000 and is also facing a maximum of 9 months in jail for a first time DUI conviction. Additionally all first time DUI offenders are required to perform at least 50 hours of community service. All first time DUI offenders are required to attend a Level 1 DUI school and will be subject to a 6-12 month driver's license suspension and a mandatory period of 10 day vehicle immobilization. See FSS 316.193
Second Time DUI Mandatory Minimum Penalties
Florida's DUI laws are very harsh for those convicted of DUI twice within a 5 year period. A second time DUI offender will be facing a mandatory minimum of 10 days in jail and a possible sentence of 9 months in jail. If a second time offender's BAL was over .15 or if a minor was present in the vehicle then a second time offender faces up to 12 months in jail. A second time DUI offender will also face a mandatory fine of at least $1000 and if a minor was present in the vehicle or if the driver's BAL exceeded .15, then the fines range from $2000-$4000. A second time DUI offender in Florida also faces the prospect of a mandatory minimum 5 year driver's license suspension in addition to being required to attend a Level II DUI school. Second time DUI offenders are also required to have an ignition interlock device installed in their vehicle for one year and will have their vehicle immobilized for 30 days.
Third Time DUI Penalties in Florida
The penalties for a third DUI in Florida vary depending upon whether or not the third DUI was within 10 years. A third DUI conviction within 10 years is considered a 3rd degree felony and a driver will be facing a mandatory minimum of 30 days in jail and a maximum sentence of 5 years in state prison. Third time DUI offenders also face a 10 year drivers license revocation and cannot apply for a hardship license for 2 years. Third time DUI offenders also face a fine of at least $2000 and up to $5000 and the installation of an ignition interlock on their vehicle for two years.
Four or More DUIs
A fourth DUI conviction in Florida will lead to a mandatory lifetime driver's license revocation in addition to facing substantial state prison sanctions.
An Aggressive Client-Centered South Florida DUI Defense Attorney
Quinn Law, P.A. offers case evaluations to drivers who have been arrested for DUI at the downtown Ft. Lauderdale location. With so much at stake, your case requires an attorney who is knowledgeable, experienced and dedicated to getting your DUI charges dismissed or reduced. Contact Quinn Law, P.A. today at (954) 463-0440 to set up an evaluation of your DUI case.