driving under the influence (DUI) is a criminal offense governed pursuant to Florida Statute 316.193. The state is required to prove that a driver’s normal faculties are impaired and that they have a blood alcohol level (BAL) that is considered unlawful or a breath-alcohol level of .08 or above. The following chart details the DUI offense with its related consequences.
DUI Offense Fines Jail Ignition Interlock License Suspension Probation Terms
DUI First Offense (BAL lower than .15) $500 - $1000 Up to 6 months Not required 180 days - 1 year revocation Mandatory 1 year probation: DUI School or other court-approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 10 day vehicle impoundment/immobilization
DUI First Offense (BAL greater than .15) $1,000 - $2,000 Up to 9 months Mandatory for 6 continuous months 180 days - 1 year revocation Mandatory 1 year probation: DUI School or other court-approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 10 day vehicle
impoundment/immobilization
DUI Second Offense (Outside of 5 Years) $1,000 - $2,000 Up to 9 months Mandatory for 1 year 180 days - 1 year revocation Mandatory 1 year probation: DUI School or other court-approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 10 day vehicle impoundment/immobilization
DUI Second Offense (Within 5 Years) $1,000 - $2,000 10 days - 1 year (At least 48 hours of consecutive confinement) Mandatory for 1 year 5 year mandatory revocation, possibly eligible for hardship permit after 1 year. Mandatory 1 year probation: DUI School or other court-approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 30 day vehicle impoundment/immobilization
DUI Second Offense (BAL over .15) $4000 10 days - 1 year (At least 48 hours of consecutive confinement) Mandatory for 2 years 180 days - 1 year revocation Mandatory 1 year probation: DUI School or other court-approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 30 day vehicle impoundment/immobilization
DUI Third Offense (Outside of 10 Years) $2,000 - $5,000 Up to 12 months Mandatory for 2 years 1 year suspension Mandatory 1 year probation: DUI School or other court-approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 90 day vehicle impoundment/immobilization
DUI Third Offense (Within 10 Years) $2,000 - $5,000 30 days - 5 years (At least 48 hours of consecutive confinement) Mandatory for 2 years 10 year mandatory suspension Mandatory 1 year probation: DUI School or other court-approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 90 day vehicle impoundment/immobilization
DUI Third Offense (BAL greater than .15) $4,000 - $5,000 Up to 12 months Mandatory for 2 years 1 year suspension Mandatory 1 year probation: DUI School or other court-approved substance abuse counseling, psychosocial evaluation, 50 hours community service (or possible buyout at $10/hour), and 90 day vehicle impoundment/immobilization
DUI Fourth Offense (Third Degree Felony regardless of when prior offenses occurred) Up to $5,000 Up to 5 years
DUI with Serious Bodily Injury (Third Degree Penalty) Up to $5,000 Up to 5 years
DUI Manslaughter (Second Degree Felony) Up to $10,000* Up to 15 years in state prison (4 years mandatory sentence)*
Vehicular Homicide (Second Degree Felony) Up to $10,000* Up to 15 years in state prison (4 years mandatory sentence)*
*Additional charges of leaving the scene is a first-degree felony and may be sentenced an additional $10,000 in fines and up to 30 years in prison.