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.