DUI in Florida

Valencia Community College developed this chart to outline the penalties resulting from driving under the influence in Florida. As you can see, the consequences for such behavior are quite severe. Here is a description of consequences. BAC refers to Blood Alcohol Content, which indicates the level of alcohol present in your body.
Related charges while DUI, and their consequences:
  1. Damage to person or property of another
    • First-degree misdemeanor: penalties as stated in paragraph 1 except first offense. Maximum fine $1,000; Maximum jail - one year; Driver License Action - Minimum three years suspension or as stated above.
     
  2. Serious bodily injury to another
    • Third-degree felony: Maximum fine - $5,000; Maximum jail - five years in state prison; 
    • Driver License Action: Minimum three years suspension or as stated above.
     
  3. The death of any human being
    • Second-degree felony: Maximum fine - $15,000; Maximum jail - 15 years in state prison;
    • Driver License Action: Minimum three years suspension or as stated above.
     
  4. Consequences for willful and wanton reckless driving:
    • First offense: Conviction: Court may withhold adjudication and place defendant on probation or may convict. Fine: minimum $50 to maximum $500. Jail: minimum 0 days to maximum 90 days.
    • Repeat offense: Conviction: Court may withhold adjudication and place defendant on probation or may convict. Fine: minimum $50 to maximum $1000. Jail: minimum 0 days to maximum six months
     
  5. Habitual Offender: Conviction of any three of the following crimes within a five-year period will result in a five-year driver's license revocation as a habitual offender:
    • manslaughter resulting from the operation of a motor vehicle
    • driving while under the influence of alcohol
    • commission of any felony in which a motor vehicle is used
    • driving while license suspended or revoked
    • failing to stop and render aid (leaving the scene of an accident)
     
DUI is determined if the person has a blood or breath alcohol level of 0.08% or higher, or if the person is driving under the influence of other controlled substances by which his/her faculties are impaired.

Any person convicted of DUI shall be placed on monthly reporting probation and shall require attendance at a substance abuse course. If a person referred to treatment fails to report for or complete the substance abuse education course, the DUI program shall notify the department of the failure. Upon receipt of such notice, the department shall cancel the person's driving privilege. The department shall reinstate the driving privilege when the person completes the substance abuse education course or enters treatment.
  • First conviction: probation for one year (maximum) and will be ordered to participate in public service projects for a minimum of 50 hours. An additional fine may be charged at the rate of $10/hour for each hour of public service not completed. In no event may the total period of probation and incarceration exceed one year.
  • Second conviction within a period of three years: minimum imprisonment of 10 days.
  • Third conviction within a period of five years: minimum imprisonment of thirty days.
Vehicle impoundment or immobilization of the vehicle that was driven by, or in the actual physical control of the person who is convicted, unless the court finds that the family of the owner of the vehicle has no other public or private means of transportation. The period of impoundment or immobilization is 10 days, and the third conviction within five years, 90 days. Impoundment or immobilization may not be concurrent with imprisonment or probation. All costs and fees for impoundment or immobilization of the vehicle is to be paid by the owner of the vehicle.

A person convicted on multiple occasions for DUI, in any state, shall have $100 added to any fine imposed. One quarter of the proceeds of this fine shall be distributed to the Emergency Medical Trust Fund; one-half shall be deposited in the Administrative Trust Fund of the Department of Lay Enforcement and the remaining one-quarter shall be deposited in the Impaired Drivers and Speeders Trust Fund. If the defendant is unable to pay all of part of the fine, the court may order that the defendant participate for a specified additional amount of time in public service projects. The court, in doing so, shall not compute the reasonable value of the services at less than the federal minimum wage at the time of the sentencing.

A criminal conviction does not eliminate the possibility of a civil suit for damages against the person convicted.

Upon conviction, the court shall suspend or revoke the person's license and that person should make arrangements for transportation at any proceeding in which the court may take such action.

A person who is arrested for a DUI violation may not be released from custody until s/he is no longer under the influence of the impairing substance to the extent that her/his normal faculties are returned, her/his blood alcohol level is less that 0.05% or until eight hours have elapsed.

As a condition of probation, a requirement that the defendant place an ad in the newspaper showing his/her mug shot, name and caption DUI-Convicted is lawful. In the case Lindsay vs. State [App.5 Dist. 606 so.2d 652 (1992)], the courts found that humiliation arising from publicizing of the fact of conviction with deterring criminal conduct. Rehabilitation and punishment are not mutually exclusive... (from FL State Statute 316.193, revised 1994)