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DUI is determined if the person has a blood or breath alcohol level of 0.08 percent 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 must be placed on 12 months of reporting probation and must be required to attend a substance abuse course.

First conviction:

  • Probation for one year
  • 50 community service hours
  • Maximum 180 days in jail
  • Maximum $1000 fine
  • 10 days vehicle immobilization
  • 6 to 12 month driver license suspension
  • Up to 6 months of an ignition interlock device
  • Court costs

Second conviction:

  • All sanction above except
  • Minimum $1000 fine
  • Maximum 270 days in jail
  • 1 year ignition interlock device
  • Second conviction within a period of five years: minimum 10 days in jail
  • Third conviction within a period of 10 years: minimum 30 days in jail

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 percent or until eight hours have elapsed.

Related charges while DUI, and their consequences:

  • Damage to person or property of another
    • First-degree misdemeanor: penalties as stated above except first offense. Maximum fine $1,000; Maximum jail - one year
  • Serious bodily injury to another
    • Third-degree felony: Maximum fine - $5,000; Maximum jail - five years in state prison;
  • The death of any human being
    • Second-degree felony: Maximum fine - $15,000; Maximum jail - 15 years in state prison;

Consequences for willful and wanton reckless driving:

  • First offense: Maximum 90 days in jail. Fine of $25 to $500.
  • Repeat offense: Maximum 6 months jail. Fine $50 to $1000 fine.

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)

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

For more information, please visit the Florida Legislature Website.