What Happens If I Get a DUI in Florida?

Driving under the influence (DUI) of drugs and alcohol can lead to serious consequences. DUI laws are intentionally strict in order to protect the public from impaired drivers and keep people safe. Because of the potentially severe penalties, many drivers wonder: What happens if I get a DUI in Florida?

DUI charges require swift action to avoid long-term consequences. Learn about DUI penalties and charges by speaking with a qualified DUI attorney who can help you navigate your case.

DUI Charges in Florida

The Sunshine State prohibits anyone from operating a vehicle while under the influence of drugs, alcohol, or other substances. This is because normal functions are inhibited during use. In instances of drunk driving, impairment is determined by measuring a blood alcohol concentration (BAC) level of 0.08% and above.

If you’re pulled over by law enforcement for impaired driving, they may administer a sobriety test, which could involve using a breathalyzer to determine your BAC level, evaluating your balance and coordination, or testing your ability to follow basic instructions.

Refusing to participate in any of these tests could result in additional penalties, including immediate arrest. If you are arrested for a DUI charge, it is crucial that you seek immediate legal counsel.

DUI Penalties in Florida

When determining the penalties for a DUI offense, several factors are considered. This includes your BAC level, age, number of previous DUI offenses, and any damages that resulted from an accident if you were at fault for one.

Florida state law addresses DUI offenses in Florida Statute Section 316.193. They are as follows:

1. First Offense

• Fine: $500–$1,000
• Enhanced Fine: $1,000–$2,000 if a minor was in the vehicle or if the blood alcohol level was 0.15% or higher
• Imprisonment: Up to 6 months
• License Suspension: 6 months to 1 year

2. Second Offense

• Fine: $1,000–$2,000
• Enhanced Fine: $2,000–$4,000 if a minor was in the vehicle or if the blood alcohol level was 0.15% or higher
• Imprisonment: Up to 9 months
• License Suspension: Minimum of 5 years if the second offense occurred within 5 years of the first; otherwise, 6 months to 1 year

3. Third Offense (if more than 10 years after the second offense)

• Fine: $2,000–$5,000
• Enhanced Fine: Minimum of $4,000 if a minor was in the vehicle or if the blood alcohol level was 0.15% or higher
• Imprisonment: Up to 12 months
• License Suspension: 10 years

4. Fourth or Subsequent Offense

• Fine: Minimum of $2,000
• Enhanced Fine: Minimum of $4,000 if a minor was in the vehicle or if the blood alcohol level was 0.15% or higher
• Imprisonment: Up to 5 years (third-degree felony)
• License Suspension: Permanent revocation

5. DUI Manslaughter (Second-Degree Felony)

• Fine: Up to $10,000
• Imprisonment: Up to 15 years
• License Suspension: Permanent revocation

In addition to the consequences listed here, insurance rates will generally increase, as Florida law requires DUI offenders to carry high-risk insurance for up to three years after the incident. Employers may also note the DUI on your driving record, which could affect job opportunities or prevent you from employment roles that involve operating a vehicle. A DUI charge remains on your record for 75 years in Florida.

Leaving the scene of a DUI crash could also result in a felony charge. Penalties include a fine of up to $10,000 and 30 years of imprisonment, in addition to leaving you open to personal injury cases from the victims involved.

How a DUI Attorney Can Help

If you’re a Tampa resident facing a DUI charge, a Tampa DUI attorney can help you understand your charges and what to expect during your trial. Your attorney can further investigate the evidence for your case and even negotiate for reduced penalties. Having a DUI attorney on your side can ease the burden of handling the paperwork and court appearances on your own.

FAQs

Q: Will I Go to Jail for My First DUI in Florida?

A: Imprisonment is possible for a first-time DUI offender, depending on your blood alcohol level and whether you had a minor in your vehicle at the time of the offense. If the DUI charge involved an accident that led to injuries or death, jail time could be immediate and enforced for up to 15 years.

Q: Do You Lose Your License Immediately After a DUI in Florida?

A: Yes, license suspension begins immediately upon a DUI arrest, regardless of whether or not you are formally convicted. Law enforcement will give you a Notice of Suspension at the scene, which acts as a 10-day permit. You may request a Formal Review Hearing to contest the suspension, otherwise the suspension goes into full effect after this timeframe.

Q: What Is the Penalty for a DUI in Florida?

A: DUI penalties in Florida vary by the number of offenses. Charges range from a $500 fine and license suspension for 6-12 months with the first offense, up to a minimum fine of $4,000, permanent license suspension, and five years of imprisonment following a fourth offense.

In the event of an accident involving injuries or death, the penalties increase, with a minimum fine of $10,000 and up to 15 years of jail time in addition to having your license permanently suspended.

Q: Can a First-Time DUI Be Dismissed in Florida?

A: While uncommon, occasionally, a court will dismiss a first-time DUI charge. If law enforcement did not follow procedure during your traffic stop, or if there is generally not enough evidence to convict you of the DUI charge, you may be absolved of the charge. A Tampa DUI attorney can review your case and determine the likelihood of your DUI charge being dismissed.

Contact an Experienced Tampa, FL DUI Lawyer Today

A DUI charge is a serious matter. If you’ve been charged with a DUI in Florida, it’s important to understand state laws and legal procedures. The experienced attorneys at Paul Figueroa Law can assess your case and the evidence gathered against you, explain court orders and negotiate the terms of your sentencing in court. Contact our office today to take your next steps.