DUI Laws in Florida - Shoemaker Law

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	1^st Degree Misdemeanor	Maximum $1,000 fine or 1-year imprisonment
Third DUI Within 10 Years or 4^th and Additional	3^rd Degree Felony	Maximum $5,000 fine and/or 5 years imprisonment
DUI with Serious Bodily Injury	3^rd Degree Felony	Maximum $5,000 fine and/or 5 years imprisonment
DUI Manslaughter	2^nd Degree Felony	Maximum $10,000 fine and/or 15 years imprisonment
DUI Manslaughter/Leaving the Scene	1^st Degree Felony	Maximum $10,000 fine and/or 30 years imprisonment
Vehicular Homicide	2^nd Degree Felony	Maximum $10,000 fine and/or 15 years imprisonment
Vehicular Homicide/Leaving the Scene	1^st 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
1^ST Without Bodily Injury	180 days – 1 year
1^st With Bodily Injury	Minimum 3 years
2^nd Within 5 Years	Minimum 5 years. Possible hardship reinstatement after 1 year
2^nd After 5+ Years	Same as 1^st offenses
3^rd Within 10 Years	Minimum 10 years. Possible hardship reinstatement after 2 years
3^rd After 10+ Years	Same as 1^st offenses
4^th	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.