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DUI Penalties in the State of Florida
Penalties for Driving Under the Influence convictions in Florida are strict and statutory in nature, and
adjudication is mandatory (meaning your criminal record cannot be sealed or expunged). Consequences
include fines, incarceration/jail, driver’s license revocation, DUI School, community service and probation.
Fines
First conviction: You will pay between $500 and $1,00, but if
you take a blood or breath test and score over .15% or there is
a minor in your vehicle, your fine increases to $1,000 to
$2,000.
Second conviction: You will pay between $1,000 and $2,000,
but if you take a blood or breath test and score over .15% or
there is a minor in your vehicle, your fine increases to $2,000
to $4,000.
Third conviction (more than 10 years after the second): You
will pay between $2,000 and $4,000, but if you take a blood or breath test and score over .15% or there is a
minor in your vehicle, your fine increases to over $4,000.
Incarceration/Jail
First conviction: You could spend up to 6 months in jail, but if you take a blood or breath test and you score
over .15% or there is a minor in your vehicle, your jail time could increase to up to 9 months in jail.
Second conviction: You could spend up to 9 months in jail. If you take a blood or breath test and you score
over .15% or there is a minor in your vehicle, your jail time could increase to up to 12 months in jail. If the
second conviction occurs within five years of your first, you have to spend a mandatory 10 days in jail.
Third conviction (more than 10 years after the second): You could spend up to 12 months in jail, but if you
take a blood or breath test and score over .15% or there is a minor in your vehicle, it is considered a 3rd
degree felony and your jail time could increase to up to 5 years in prison with a 30-day mandatory sentence.
Fourth conviction: Considered a 3rd degree felony, you will spend up to 5 years in prison regardless of the
time between the previous DUI.
Driver’s License Revocation
First conviction: Your license will be revoked between 180 days to a year.
Second conviction: If it occurs within 5 years of the first, you will lose your license for at least 5 years, but
may be eligible for a hardship reinstatement after a year. If it occurs after five years, it is treated like a first
conviction.
Third conviction: If it occurs within 10 years of the second, you will lose your license for at least 10 years,
but you may be eligible for a hardship reinstatement after 2 years.
Fourth conviction: You will permanently lose your license with no chance of hardship reinstatement.
DUI School
First conviction: DUI school must be completed before being eligible for a hardship reinstatement. If you
wait out the revocation period, you need to only show proof of enrollment or completion before being
reinstated, however if you fail to complete DUI school within 90 days after reinstatement, you license will be
cancelled. You cannot be relicensed until DUI school is completed.
Second conviction: If within 5 years, you must complete DUI school again.
Reckless driving: If the court has reasonable cause to believe that the use of a controlled substances
contributed to reckless driving, you must complete DUI school if ordered to do so.
Community Service
First conviction: You will have to complete mandatory 50 hours of community service. However in some
cases, judges will allow you to “buy out” of community service at $10/hour.
Probation
Probation is not mandatory in a conviction of DUI, but it is common to be put on probation if all conditions of
the sentence (such as fines, DUI school, community service, etc.) are not satisfied by the time the case is
resolved. But an experienced attorney can help you to avoid a long probation.
Work with Experienced DUI Defense Attorneys
With over 45 years of combined criminal law experience in Pasco County and the surrounding areas, defense
attorneys Chip Mander, Todd Thurow and Khara Alvero have the knowledge and experience to aggressively
pursue a favorable outcome for your case.
A certified Florida Circuit Court Mediator since 1991, Attorney Mander’s success has earned his inclusion in the
Florida Super Lawyer magazine (2006, 2007, 2008, 2009 & 2010), and has received an AV Peer Review Rating
(the highest competency and ethical rating) by Martindale-Hubbell since 1989. He was also previously included
in the Leading American Lawyers publication, is a Life Member of the National Association of Criminal Defense
Lawyers, is a former President of the Pasco County Bar Association and has served on both the Florida Bar
Disciplinary Committee and Florida’s Judicial Qualifications Committee (JQC).
Successful Case Results
Pasco County DUI
Stopped by a Florida Highway Patrol trooper for a cracked taillight, according to the trooper, the defendant
had a strong odor of alcohol on her breath and watery bloodshot eyes, and admitted to drinking two beers.
The trooper had the Defendant exit her vehicle to perform field sobriety exercises (FSE), but the Defendant
refused. She was arrested for DUI and read implied consent prior to the trooper requesting a breath test on
an Intoxilyzer 8000 breath test machine, which the Defendant allegedly also refused. She was then read
her Miranda rights and declined to answer any questions.
The Defendant’s MLG DUI lawyer was successful in convincing the State Attorney’s Office to amend the
charge from a DUI to Reckless Driving, which the Defendant accepted.
New Port Richey DUI
After a traffic accident, the driver was arrested and charged with DUI with Property Damage. According to
police reports, the driver had the odor of alcohol on her breath, slurred speech, difficulty forming and
completing sentences and admitted to consuming more than one glass of wine and taking prescription
medications. She participated in field sobriety exercises and did poorly, and after she was arrested, to took
a breath test on an Intoxilyzer 8000 breath test machine with results of .066 and .060. Her New Port Richey
MLG DUI attorney was successful in having the charges reduced to Reckless Driving.
* Disclaimer: Every case is different, and past success does not guarantee future results.
For More Information Please Visit:
http://www.manderlawgroup.com/criminal-defense/dui-defense.html

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Dui Penalties in Florida

  • 1. DUI Penalties in the State of Florida Penalties for Driving Under the Influence convictions in Florida are strict and statutory in nature, and adjudication is mandatory (meaning your criminal record cannot be sealed or expunged). Consequences include fines, incarceration/jail, driver’s license revocation, DUI School, community service and probation. Fines First conviction: You will pay between $500 and $1,00, but if you take a blood or breath test and score over .15% or there is a minor in your vehicle, your fine increases to $1,000 to $2,000. Second conviction: You will pay between $1,000 and $2,000, but if you take a blood or breath test and score over .15% or there is a minor in your vehicle, your fine increases to $2,000 to $4,000. Third conviction (more than 10 years after the second): You will pay between $2,000 and $4,000, but if you take a blood or breath test and score over .15% or there is a minor in your vehicle, your fine increases to over $4,000. Incarceration/Jail First conviction: You could spend up to 6 months in jail, but if you take a blood or breath test and you score over .15% or there is a minor in your vehicle, your jail time could increase to up to 9 months in jail. Second conviction: You could spend up to 9 months in jail. If you take a blood or breath test and you score over .15% or there is a minor in your vehicle, your jail time could increase to up to 12 months in jail. If the second conviction occurs within five years of your first, you have to spend a mandatory 10 days in jail. Third conviction (more than 10 years after the second): You could spend up to 12 months in jail, but if you take a blood or breath test and score over .15% or there is a minor in your vehicle, it is considered a 3rd degree felony and your jail time could increase to up to 5 years in prison with a 30-day mandatory sentence. Fourth conviction: Considered a 3rd degree felony, you will spend up to 5 years in prison regardless of the time between the previous DUI.
  • 2. Driver’s License Revocation First conviction: Your license will be revoked between 180 days to a year. Second conviction: If it occurs within 5 years of the first, you will lose your license for at least 5 years, but may be eligible for a hardship reinstatement after a year. If it occurs after five years, it is treated like a first conviction. Third conviction: If it occurs within 10 years of the second, you will lose your license for at least 10 years, but you may be eligible for a hardship reinstatement after 2 years. Fourth conviction: You will permanently lose your license with no chance of hardship reinstatement. DUI School First conviction: DUI school must be completed before being eligible for a hardship reinstatement. If you wait out the revocation period, you need to only show proof of enrollment or completion before being reinstated, however if you fail to complete DUI school within 90 days after reinstatement, you license will be cancelled. You cannot be relicensed until DUI school is completed. Second conviction: If within 5 years, you must complete DUI school again. Reckless driving: If the court has reasonable cause to believe that the use of a controlled substances contributed to reckless driving, you must complete DUI school if ordered to do so. Community Service First conviction: You will have to complete mandatory 50 hours of community service. However in some cases, judges will allow you to “buy out” of community service at $10/hour. Probation Probation is not mandatory in a conviction of DUI, but it is common to be put on probation if all conditions of the sentence (such as fines, DUI school, community service, etc.) are not satisfied by the time the case is resolved. But an experienced attorney can help you to avoid a long probation. Work with Experienced DUI Defense Attorneys With over 45 years of combined criminal law experience in Pasco County and the surrounding areas, defense attorneys Chip Mander, Todd Thurow and Khara Alvero have the knowledge and experience to aggressively pursue a favorable outcome for your case. A certified Florida Circuit Court Mediator since 1991, Attorney Mander’s success has earned his inclusion in the Florida Super Lawyer magazine (2006, 2007, 2008, 2009 & 2010), and has received an AV Peer Review Rating (the highest competency and ethical rating) by Martindale-Hubbell since 1989. He was also previously included in the Leading American Lawyers publication, is a Life Member of the National Association of Criminal Defense
  • 3. Lawyers, is a former President of the Pasco County Bar Association and has served on both the Florida Bar Disciplinary Committee and Florida’s Judicial Qualifications Committee (JQC). Successful Case Results Pasco County DUI Stopped by a Florida Highway Patrol trooper for a cracked taillight, according to the trooper, the defendant had a strong odor of alcohol on her breath and watery bloodshot eyes, and admitted to drinking two beers. The trooper had the Defendant exit her vehicle to perform field sobriety exercises (FSE), but the Defendant refused. She was arrested for DUI and read implied consent prior to the trooper requesting a breath test on an Intoxilyzer 8000 breath test machine, which the Defendant allegedly also refused. She was then read her Miranda rights and declined to answer any questions. The Defendant’s MLG DUI lawyer was successful in convincing the State Attorney’s Office to amend the charge from a DUI to Reckless Driving, which the Defendant accepted. New Port Richey DUI After a traffic accident, the driver was arrested and charged with DUI with Property Damage. According to police reports, the driver had the odor of alcohol on her breath, slurred speech, difficulty forming and completing sentences and admitted to consuming more than one glass of wine and taking prescription medications. She participated in field sobriety exercises and did poorly, and after she was arrested, to took a breath test on an Intoxilyzer 8000 breath test machine with results of .066 and .060. Her New Port Richey MLG DUI attorney was successful in having the charges reduced to Reckless Driving. * Disclaimer: Every case is different, and past success does not guarantee future results. For More Information Please Visit: http://www.manderlawgroup.com/criminal-defense/dui-defense.html