DUI Penalties

(Driving Under the Influence of Alcohol or Drugs)

          A DUI conviction can affect many aspects of your life. DUI convictions carry harsh penalties including jail, probation, DUI school, community service hours, driver's license suspensions, fines, etc... (see Chart below). Even after probation and/or jail time, a DUI conviction can affect your insurance rates, your driver's license, and your ability to get a job.

          Below is a chart of general DUI penalties. (Please keep in mind that although we strive to keep these penalties up-to-date, statutes change and case facts can dictate different sanctions.

  • A DUI carries mandatory adjudication of guilt, court costs, and cost of prosecution (approx. $50).

  • “Within 5 years” or “within 10 years” means between last conviction date and new arrest date.

  • Fla. Stat. 322.28 governs Driver's License Suspension and revocation requirements (See Case vs. DMV).

  • 3 hours with the Victim Impact Panel is often ordered.

  • A Judge may not accept a plea of guilty to a 'lesser included offense' if a person is charged under Fla. Stats. Chapter 316 and had breath results of .15 or higher (Fla. Stat. 316.656).

  • Restitution is often ordered and reserved upon in crash cases.

  • “Enhanced” sanctions may apply if a person has breath results over .15 or if there is someone under the age of 18 in the car at the time of the offense.

  • A 3rd DUI within 10 years or a 4th of subsequent DUI may be charged as a felony, in which case, different and more substantial penalties would apply.

  • The State Attorney has the ability to amend and reduce the charged offense and offer a different deal based on the merits of the case (and other relevant information).

 

RECKLESS DRIVING

 

          If a DUI is reduced to a reckless driving, the state attorney may formulate a different offer. Offers vary from attorney to attorney, office to office. A common (but never guaranteed) reckless driving offer may include 12 months of probation, a $500 fine (or more), 50 Community Service Hours (or more), DUI school, etc... The state could also offer full DUI sanctions with a reckless driving conviction.