Knowing the DUI laws specific to your home state can be a nice deterrent to driving under the influence.
Of course, you can be arrested in any state for DUI. They’re happy to oblige. And if that happens, you’ll be under the laws and jurisdiction of whatever state you were busted in. But it’s natural to assume most of your overall time on the road happens in your home state. If that’s Florida, a good working knowledge of just how our state treats DUI offenders can come in mighty handy. Look this over, ask your St. Augustine DUI attorney any additional questions you might have, then assess the risk of getting behind the wheel while intoxicated in Florida. Figure out if you’re willing to pay the price.
Florida’s BAL
You can be convicted of Driving Under the Influence (DUI) from alcohol, chemical substances, or controlled substances. This is proven by normal faculties impairment or unlawful blood alcohol or breath alcohol level of .08+.
Fines:
|
CONVICTION |
FINE |
BAL .15+ or MINOR IN VEHICLE |
|
First |
$500 to $1,000 |
$1,000 to $2,000 |
|
Second |
$1,000 to $2,000 |
$2,000 to $4,000 |
|
Third within 10 years |
$2,000 to $5,000 |
Minimum $4,000 |
|
Third beyond 10 years |
$2,000 to $5,000 |
Minimum $4,000 |
|
Fourth and all additional |
Minimum $2,000 |
Minimum $4,000 |
Release from Jail:
You can be released once you’re no longer under the influence and normal faculties are no longer impaired, BAL is under .05, or 8 hours have passed since your arrest.
Imprisonment:
Sentence may, at the court’s discretion, be served in a residential alcoholism or drug abuse treatment program and credited toward imprisonment.
|
CONVICTION |
IMPRISONMENT |
Bal .15+ or MINOR IN VEHICLE |
|
First |
No more than 6 months |
No more than 9 months |
|
Second |
No more than 9 months |
No more than 12 months |
|
Second within 5 years |
Mandatory 10 days. Minimum 48 hours confinement must be consecutive |
|
|
Third within 10 years |
Mandatory 30 days. Minimum 48 hours of confinement must be consecutive |
|
|
Third beyond 10 years |
No more than 12 months |
|
|
Fourth and all additional |
No more than 5 years, or as provided in Florida Statutes if habitual/violent offender |
Additional Circumstances:
|
VIOLATION |
CHARGE |
SENTENCE |
|
DUI Crash with Property Damage/Personal Injury |
1st Degree Misdemeanor |
Maximum $1,000 fine or 1-year imprisonment |
|
Third DUI Within 10 Years or 4th and Additional |
3rd Degree Felony |
Maximum $5,000 fine and/or 5 years imprisonment |
|
DUI with Serious Bodily Injury |
3rd Degree Felony |
Maximum $5,000 fine and/or 5 years imprisonment |
|
DUI Manslaughter |
2nd Degree Felony |
Maximum $10,000 fine and/or 15 years imprisonment |
|
DUI Manslaughter/Leaving the Scene |
1st Degree Felony |
Maximum $10,000 fine and/or 30 years imprisonment |
|
Vehicular Homicide |
2nd Degree Felony |
Maximum $10,000 fine and/or 15 years imprisonment |
|
Vehicular Homicide/Leaving the Scene |
1st Degree Felony |
Maximum $10,000 fine and/or 30 years imprisonment |
Vehicle Use:
- Unless your family has no other means of transportation, your vehicle can be impoundment or immobilized for 10 days for first conviction, 30 days for a second conviction with 5 years, and 90 days for a third conviction within 10 years.
- Vehicle impoundment or immobilization cannot be concurrent with incarceration.
- Impoundment may be dismissed if the vehicle is owned by the defendant but operated solely by the employees or business of the defendant.
License Revocation:
|
OFFENSE |
REVOCATION |
|
1ST Without Bodily Injury |
180 days – 1 year |
|
1st With Bodily Injury |
Minimum 3 years |
|
2nd Within 5 Years |
Minimum 5 years. Possible hardship reinstatement after 1 year |
|
2nd After 5+ Years |
Same as 1st offenses |
|
3rd Within 10 Years |
Minimum 10 years. Possible hardship reinstatement after 2 years |
|
3rd After 10+ Years |
Same as 1st offenses |
|
4th |
Mandatory permanent revocation. Possible hardship reinstatement after 5 years. Revocation begins upon release if incarcerated |
|
DUI Manslaughter |
Mandatory permanent revocation. Possible hardship reinstatement after 5 years if no prior DUI convictions |
Implied Consent – Chemical or Physical Testing
- If you refuse to submit to a breath, urine, or blood test, that’s admissible as evidence in criminal proceedings and your license is suspended 1 year. A second or subsequent refusal is a first-degree misdemeanor, and your license is suspended 18 months.
- Even if you refuse, blood may be withdrawn in DUI cases involving serious bodily injury or death by medical personnel using reasonable force by the arresting officer if necessary.
- If you’re unconscious or can’t refuse by some other mental or physical condition, you’ll be deemed not to have withdrawn your consent to a test. A blood test may be administered whether or not you’re told your failure to submit to a test will result in suspension of your privilege to operate a motor vehicle.
Underage DUI
- Drivers under 21 can’t have a BAC of .02% or greater.
- An underage DUI violation isn’t a criminal offense, but it will result in license suspension and other requirements.
- An underage driver who won’t submit to testing will be suspended 1 year (18 months for a subsequent offense).
- An underage driver showing a BAC of .02% or more will be suspended 6 months (1 year for a subsequent offense). A DUI education program will be required if the BAC was .05%+.
- For persons under 21, the reading from a portable alcohol breath test device is admissible as evidence in any administrative hearing conducted under Florida Statutes.
For additional information and some truly riveting reading, feel free to explore the full Florida Statutes on DUI.
But look, nobody expects you to be able to quote Florida DUI law chapter and verse. And nobody ever thinks they’re going to need to know those laws because nobody plans on getting arrested for DUI. The really smart people will, however, take the time talk to a St. Augustine DUI lawyer and have them in place in advance should they ever be needed. We invite you to start by talking with us at Shoemaker Law, 904-872-SHOE.