DUI Penalties

DRIVING UNDER THE INFLUENCE PENALTIES

Penalties for driving under the influence are found in Florida Statute 316.193. These penalties vary depending on prior convictions, what the blood or breath-alcohol result was, if a minor was in the vehicle, and if there was injury or death caused by the impaired driving. Our DUI lawyers can generally tell you immediately what penalties you will be facing in most scenarios. At the end of the day, there’s not much our attorneys haven’t seen. Rarely has there been an allegation against one of our clients that we weren’t able to achieve a better resolution than had they gone without counsel. Our attorneys know the direct penalties involved with the criminal court system and how to avoid them. Generally, at the very least we can mitigate those penalties while doing the same for the administrative repercussions as your case progresses through the DHSMV phase.

  1. First Offense
    1. Mandatory Adjudication of Guilt (no eligibility for sealing or expungement)
    2. Jail sentence up to 6 months
    3. Fine of $500 to $1000
    4. Level 1 DUI school (12 hours)
    5. Victim Impact Panel
    6. Minimum of 50 Public Service Hours
    7. 10 day vehicle impound
    8. Driver’s License Revocation of 180 days to 1 year
  2. First Offense with BAL above .15
    1. Mandatory Adjudication of Guilt (no eligibility for sealing or expungement)
    2. Jail sentence up to 9 months
    3. Fine of $1000 to $2000
    4. Level 1 DUI school (12 hours)
    5. Victim Impact Panel
    6. Likely increase in Public Service Hours
    7. 10 day vehicle impound
    8. Ignition Interlock device at owner’s expense for at least 6 months
    9. Driver’s License Revocation of 180 days to 1 year
  3. First Offense with Serious Bodily Injury (Third Degree Felony)
    1. Mandatory Adjudication of Guilt (no eligibility for sealing or expungement)
    2. Prison up to 5 years in Florida Department of Corrections
  4. Second Offense within 5 years
    1. Mandatory 10 days county jail up to 9 months
    2. Fine of $1000 to $2000 ($2000 to $4000 if BAL above .15)
    3. Level 2 DUI school (21 hours)
    4. Victim Impact Panel
    5. 30 day vehicle impound
    6. Ignition Interlock device at owner’s expense for 1 year
    7. Driver’s License Revocation of 5 years (eligible for hardship after 1 year)
  5. Third Offense within 10 years (Third Degree Felony)
    1. Mandatory 30 days county jail
    2. Fine up to $5000 (Fine not less than $4000 if BAL above .15)
    3. Level 2 DUI school (21 hours)
    4. Victim Impact Panel
    5. 90 day vehicle impound
    6. Ignition Interlock device at owner’s expense for 2 years
    7. Driver’s License Revocation of 10 years (eligible for hardship after 2 years)
  6. Fourth Offense (Third Degree Felony)
    1. Prison up to 5 years in Florida Department of Corrections
    2. Fine not less than $2000 and up to $5000 (Fine not less than $4000 if BAL above .15)
    3. Lifetime Driver’s License revocation (eligible for hardship after 5 years per FS 322.271)

If you’ve been charged with Driving Under the Influence in Florida you will benefit from the experience and knowledge of Tampa DUI attorney Jason Mayberry. Our attorneys have consistently had success representing our clients ranging from complete exoneration of a criminal allegation to a charge reduction to preserve your driving privilege. You can reach our office 24 hours a day, 7 days a week, 365 days a year at 813-444-7435.