Driving under the influence (DUI) is a serious crime in Florida. Florida law defines this offense as driving or being in actual physical control of a vehicle while under the influence of alcohol or certain drugs to the extent that your normal faculties are impaired, or with a blood or breath alcohol level of 0.08 or higher. This crime not only endangers the driver but also poses a significant risk to public safety, potentially resulting in tragic accidents. DUI penalties are set by Florida Statutes section 316.193, and the facts of each case vary.
The consequences of a DUI extend beyond the courtroom. They can affect various facets of your life, including your ability to secure employment, the cost of your insurance, and your social standing. If you have been arrested for a DUI in Florida, it is essential to work with a DUI/DWI defense lawyer in Riverview, who can advocate for your rights and protect your future.
Jail Time and Fines
The legal system imposes strict penalties on those convicted of DUI, particularly fines and jail time. For a first offense, penalties begin with fines ranging from $500 to $1,000 and can include up to six months in jail. Note that if you are going through your first DUI offense, contact our first time DUI lawyers in Riverview to help fight for your rights.
These DUI consequences in Florida escalate with each subsequent offense or if certain aggravating factors are present, such as having a minor under 18 in the vehicle or a blood alcohol content (BAC) of 0.15% or higher:
- First offense with a minor in the vehicle or a BAC of 0.15% or higher: Fines of $1,000 to $2,000, and up to nine months in jail
- Second offense within five years: $1,000 to $2,000 in fines and 10 days to nine months in jail
- Second offense within five years with a minor in the vehicle or a BAC of 0.15% or higher: $2,000 to $4,000 in fines and 10 days to 12 months in jail
- Second offense outside of five years: $1,000 to $2,000 in fines and up to nine months in jail, with no mandatory minimum jail term
- Second offense outside of five years with a minor in the vehicle or a BAC of 0.15% or higher: $2,000 to $4,000 in fines and up to 12 months in jail
- Third offense within 10 years of prior conviction: A third degree felony, punishable by up to five years in prison and up to $5,000 in fines, with a mandatory minimum of 30 days in jail
- Third offense within 10 years of prior conviction with a minor in the vehicle or a BAC of 0.15% or higher: A third degree felony, punishable by up to five years in prison and a fine of at least $4,000, with a mandatory minimum of 30 days in jail
- Third offense more than 10 years after a prior conviction: $2,000 to $5,000 in fines and up to 12 months in jail
- Fourth offense or greater: A third degree felony regardless of when the prior convictions occurred, punishable by $2,000 to $5,000 in fines and up to five years in prison, with a mandatory minimum of 30 days in jail if the offense occurs within 10 years of a prior conviction
- Fourth offense or greater with a minor in the vehicle or a BAC of 0.15% or higher: A third degree felony, punishable by a fine of at least $4,000 and up to five years in prison
Probation
Probation is a required part of every DUI sentence in Florida. The court must place every person convicted of DUI on monthly reporting probation, which is served in the community under strict conditions. These include mandatory completion of a DUI program substance abuse course and any treatment it requires, and may also include regular drug and alcohol testing and other conditions the court sets.
For a first conviction, probation may not exceed one year, and the total period of probation and jail time may not exceed one year. For other misdemeanor DUI convictions, probation may generally last up to one year. A felony DUI, such as a third conviction within 10 years or a fourth or subsequent conviction, can carry a longer period of probation set by the court. This extended probation can significantly restrict a person’s freedom.
License Revocation
Losing the privilege to drive is one of the most immediate and impactful consequences of a DUI. The revocation period depends on the number of offenses and specific circumstances surrounding each case. For a first offense, the court must revoke the driver’s license for 180 days to one year.
This period increases with subsequent offenses, especially if they are committed within a short time frame or under aggravated circumstances. For example, someone convicted of a second offense within five years will have their license revoked for at least five years. A third offense within 10 years of a prior conviction results in a revocation of at least 10 years.
For fourth offenses or greater, the court must permanently revoke the person’s driving privileges. This can alter a person’s personal and professional life dramatically. They may need to make major adjustments to their daily routines and may struggle to find an accessible job.
In limited cases, a person may petition the Department of Highway Safety and Motor Vehicles for a license restricted to business or employment purposes after a waiting period, such as 12 months into a five year revocation, 24 months into a revocation of more than five years, or five years after the last conviction for a permanent revocation. Strict conditions apply, including DUI program supervision and, in most cases, an ignition interlock device.
Vehicle Impoundment or Immobilization
In addition to revoking driving privileges, a person convicted of a DUI may have their vehicle immobilized or impounded. This measure is intended to prevent further unlawful behavior by temporarily removing access to the vehicle used in the DUI incident or, for repeat offenses, to all vehicles the person owns.
For a first DUI conviction, the court must order the vehicle impounded or immobilized for a period of 10 days. The duration of impoundment, like other DUI penalties, increases with subsequent offenses. For example, a second DUI conviction within five years results in a 30 day impoundment of all vehicles the person owns. For a third or subsequent DUI conviction within 10 years of a prior conviction, the impoundment extends to 90 days. The impoundment cannot run at the same time as any jail sentence, and the court can dismiss the order in limited situations, such as when the family has no other means of transportation.
Installation of Ignition Interlock Device
Following a DUI conviction, the court may, and in many cases must, order the installation of an ignition interlock device on the vehicle. This device requires the driver to perform a breathalyzer test before the engine starts, and the vehicle will not start if the driver’s blood alcohol level is above 0.025 percent or another level the court sets.
For first-time offenders, the installation of an IID is not always required unless a minor was in the vehicle or their BAC was 0.15 percent or higher; in this case, the requirement is for at least six continuous months. The court may also order an IID for at least six months after any first conviction with a BAC of 0.08 or higher. The requirement becomes more stringent with repeated offenses:
- For a second DUI conviction, an IID must be installed for a minimum of one continuous year, or two continuous years if a minor was in the vehicle or the BAC was 0.15 percent or higher.
- For third-time offenders, whether or not the third offense falls within a 10 year period, the mandatory period for an IID jumps to a minimum of two continuous years.
- Those who reach a fourth offense are required to install the IID for a minimum of five years if their driving privilege is later reinstated.
Community Service Requirements
Community service is another penalty that may be imposed following a DUI conviction. If a person is convicted of their first DUI, they will be required to complete at least 50 hours of community service as a condition of probation. The court may allow a fine of $10 for each hour of community service in its place only if it finds that the person’s residence, location, or employment obligations would create an undue hardship.
This requirement applies to every first conviction, including cases with a child in the vehicle or a BAC of 0.15% or higher. For second or subsequent convictions, state law does not set a community service minimum, but the court may order community service in some cases, such as in place of part of a fine the person is unable to pay.
Mandatory DUI School and Substance Abuse Evaluation
Following a DUI conviction, every offender must complete a substance abuse course through a licensed DUI program, which includes a psychosocial evaluation. If the evaluation refers the offender to substance abuse treatment, completing that treatment becomes a condition of probation, and the referral cannot be waived without a second, independent evaluation. This process serves both as a rehabilitative measure and a preventative strategy to reduce the risk of future offenses.
All offenders are required to attend DUI school. These educational programs aim to promote safer driving by educating offenders on the dangers of impaired driving. Participants also learn strategies to avoid DUIs in the future. If the course or any required treatment is not completed, the Department of Highway Safety and Motor Vehicles must cancel the person’s driving privilege.
Difficulty Finding Employment
A DUI conviction can hinder a person’s ability to find employment. Many employers conduct background checks that reveal DUI convictions, which may lead them to question an applicant’s reliability and decision-making skills. In industries where driving is an essential part of the job, such as in transportation or delivery services, people convicted of a DUI may be unable to obtain a job entirely.
Furthermore, a DUI may be reviewed by licensing boards and can, in some cases, affect professional licenses in fields such as law, medicine, and education. What might initially seem like a one-time mistake can turn into a long-term barrier to professional opportunities.
Challenges with Personal Relationships
A DUI arrest and subsequent conviction can also strain personal relationships. Family and friends may feel betrayed or concerned about the behavior that led to the DUI. They may no longer trust the offender’s ability to make safe and responsible decisions, which can lead to increased tension and frequent conflicts.
The stress of dealing with legal repercussions, such as court dates, fines, and DUI school, can further strain relationships. Additionally, the stigma associated with a DUI conviction can lead to social isolation, as offenders may feel judged or embarrassed by their situation. This can result in significant emotional distress and may require effort and communication to rebuild their personal relationships.
Increases in Insurance Premiums
A common repercussion of a DUI conviction is an increase in car insurance premiums. Insurance companies evaluate each driver’s risk level and adjust their rates accordingly. A DUI conviction can categorize a policyholder as a high risk driver, which can lead to significantly higher insurance costs.
In addition to higher regular premiums, those found guilty of, or who plead guilty or no contest to, a DUI in Florida must carry higher levels of liability insurance. Offenders must provide proof of bodily injury liability coverage of at least $100,000 per person and $300,000 per occurrence, along with $50,000 for property damage, for a minimum of three years. This coverage is typically more expensive than standard policies, which can increase the financial strain.
Florida Statute § 324.023: Financial responsibility for bodily injury or death.
In addition to any other financial responsibility required by law, every owner or operator of a motor vehicle that is required to be registered in this state, or that is located within this state, and who, regardless of adjudication of guilt, has been found guilty of or entered a plea of guilty or nolo contendere to a charge of driving under the influence under s. 316.193 after October 1, 2007, shall, by one of the methods established in s. 324.031(1) or (2), establish and maintain the ability to respond in damages for liability on account of accidents arising out of the use of a motor vehicle in the amount of $100,000 because of bodily injury to, or death of, one person in any one crash and, subject to such limits for one person, in the amount of $300,000 because of bodily injury to, or death of, two or more persons in any one crash and in the amount of $50,000 because of property damage in any one crash.
Difficulty Obtaining Housing
A DUI conviction can also complicate a person’s ability to secure housing. Landlords commonly perform background checks on potential tenants, which include looking for any criminal records. A DUI conviction can be a red flag to landlords, who may perceive it as a sign of unreliability or potential liability.
This housing barrier can make it more difficult to rent apartments or homes in competitive rental markets where landlords have numerous applicants to choose from. Those with a DUI on their record may find themselves repeatedly denied, forcing them to seek housing in less desirable areas or under less favorable rental terms.
Challenges with Securing Loans
Obtaining financial loans can become more difficult with a DUI conviction on a person’s record. Financial institutions scrutinize an applicant’s background before approving loans for cars, homes, or personal loans. A DUI conviction may affect this assessment, which can lead to higher interest rates or denial.
The consequences are particularly severe if an applicant seeks substantial loans such as mortgages. The combination of increased insurance premiums and potential income loss after a DUI can also affect a person’s credit score, which further diminishes loan eligibility. This can delay or even derail significant life plans, such as buying a home or investing in higher education.
Protect Your Future. Contact a DUI Defense Lawyer Today
If you have been arrested for a DUI in Florida, it is crucial to seek legal representation immediately. The legal and collateral impacts of a DUI conviction can be significant, affecting your freedom, finances, and future. A Florida DUI defense lawyer can offer advice and representation during this challenging time, helping you challenge the charges against you or work to mitigate the potential penalties.
Your attorney will thoroughly review the circumstances of your arrest, challenge any procedural mistakes or test inaccuracies, and argue for your rights at every turn. They will also handle all interactions with prosecutors and represent you in court, working to present your case effectively and professionally.
Beyond legal representation, a DUI lawyer helps manage the impact of a DUI on your life, advising on issues like license suspension, insurance increases, and potential employment consequences. Their guidance can help protect not only your legal rights but also your future opportunities and financial stability.
After your arrest, remember to remain silent and comply with officers’ requests. As soon as you are able, request to speak with a Riverview criminal defense lawyer. Your attorney will advise you on your options and help you take your first steps toward defending your rights.