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DUI - Different Sanctions for DUI
Driving under the influence with impaired judgment and/or physical abilities is a severe offense due to the danger that it causes. The courts and prosecutors in Florida take this crime very seriously and impose heavy consequences. The harsh penalties and tireless prosecution are why you should contact a defense lawyer immediately upon being arrested for a DUI. The attorneys at Hanlon Law have valuable experience defending the future of those accused of driving under the influence in the Orlando, Florida area.
DUI Definition
The state of Florida considers drunk driving a DUI. Still, driving while intoxicated is often referred to as a DWI.
Florida Statute 316 defines Driving under the influence as operating a vehicle while impaired by any of the following:
- A blood alcohol level (BAL) of .08% or higher for adults
- A BAL of .02% or higher for those under 21
- A chemical substance
- Or a controlled substance
Penalties for a DUI Conviction
The Florida laws are set up in a system of penalties that take into account how many previous DUIs you had had, when your previous DUIs were, whether your BAL was .15 or higher, if there was a minor in the car at the time you were driving under the influence and whether your impaired driving caused injury or death.
First DUI Conviction
The penalties for a first DUI conviction include the following:
- Fines between $500 and $1,000, which can be enhanced to between $1,000 and $2,000 if BAL was greater than .15 or a minor was in a vehicle
- 1 year probation with the possibility of 6 months in prison or 9 months in certain circumstances
- A suspended license for 180 days to 1 year
- Impounded vehicle for a mandatory 10 days
- The potential of an ignition interlock device for up to 6 months
- 50 hours of community service
- Completion of an approved DUI CounterAttack School
- Substance abuse evaluation and completion of any recommended treatment
Second DUI Conviction Within 5 years of First Conviction
The penalties for a second DUI conviction with 5 years of your first conviction include the following:
- Fines between $1,000 and $2,000, which can be enhanced to between $2,000 and $4,000 if BAL was greater than .15 or a minor was in a vehicle
- One year probation
- 10 days to 9 months in jail, which can be enhanced to 10 days to 12 months if BAL was greater than .15 or a minor was in a vehicle
- A suspended license for 5 years
- A minimum of year of an Ignition Interlock Device on your vehicle
- Completion of an approved DUI CounterAttack School
- Substance abuse evaluation and completion of any recommended treatment
Second DUI Conviction Outside of 5 years of First Conviction
The penalties for a second DUI conviction outside 5 years of your first conviction include the following:
- Fines between $1,000 and $2,000, which can be enhanced to between $2,000 and $4,000 if BAL was greater than .15 or a minor was in a vehicle
- One year probation
- Up to 9 months in jail, which can be enhanced to 12 months if BAL was greater than .15 or a minor was in a vehicle
- A suspended license for between 6 months and 1 year
- Mandatory 10-day impoundment of your vehicle
- A minimum of a year of an Ignition Interlock Device on your vehicle
- Completion of an approved DUI CounterAttack School
- Substance abuse evaluation and completion of any recommended treatment
Third DUI Conviction Within 10 years of Your First Conviction
The penalties for a third DUI conviction with 10 years of your first conviction include the following:
- Fines between $1,000 and $5,000, which can be enhanced to between $4,000 and $5,000 if BAL was greater than .15 or a minor was in a vehicle
- One year probation
- Between 30 days and 12 months in jail
- A suspended license for ten years
- A minimum of two years of an Ignition Device on your vehicle
- Completion of an approved DUI CounterAttack School
- Substance abuse evaluation and completion of any recommended treatment
Fourth DUI Charged as a Misdemeanor
The penalties for a fourth DUI that is charged as a misdemeanor include the following:
- Fines between $1,000 and $2,500, which can be enhanced to between $2,000 and $5,000 if BAL was greater than .15 or a minor was in a vehicle
- One year probation
- Up to 12 months in jail
- Permanent revocation of your driver's license
- Mandatory 10-day impoundment of your vehicle
- A minimum of two years of an Ignition Device on your vehicle
- Completion of an approved DUI CounterAttack School
- Substance abuse evaluation and completion of any recommended treatment
Fourth DUI Charged as a Felony
The penalties for a fourth DUI that is charged as a felony include the following:
- Fines between $1,000 and $5,000, which can be enhanced to between $1,000 and $5,000 if BAL was greater than .15 or a minor was in a vehicle
- Between 1 year and 5 years of probation
- Up to 5 years in jail
- Permanent revocation of your driver's license
- Mandatory 10-day impoundment of your vehicle
- A minimum of two years of an Ignition Device on your vehicle
- Completion of an approved DUI CounterAttack School
- Substance abuse evaluation and completion of any recommended treatment
Consult an Experienced Drunk Driving Attorney in the Orlando Area
If you have been accused of a DUI, it is vital to be aware of the different sanctions for DUIs that may apply to your case. These sanctions can be severe, which is why it is essential to take these charges seriously. The lawyers at Hanlon Law are highly familiar with the various consequences of a DUI conviction and will fight to protect you from these penalties. Our Orlando lawyers help drivers fight DUI charges and advocate for their futures.
If you are DUI charges in Orlando, Florida, contact the attorneys at Hanlon Law today.
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Practice Areas
We serve clients throughout Florida including those in the following localities: Hernando County including Spring Hill; Hillsborough County including Brandon, Riverview, and Tampa; Pinellas County including Clearwater, Largo, Palm Harbor, Pinellas Park, Seminole, and St. Petersburg; and Pasco County including Dade City, Hudson, and New Port Richey.
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