Driving under the influence in the state of Florida means you are subject to some strict penalties, including a personal injury lawsuit.
Due to the high number of drunk driving accidents in Florida, the state has strict penalties in place for those caught driving under the influence of alcohol or drugs. These laws were established to reduce the injuries and fatalities caused by driving under the influence (DUI).
According to Florida law, an individual can be charged with a DUI if he or she has a blood alcohol content (BAC) of 0.08% or higher. An individual can also be charged with a DUI if he or she is under the influence of a chemical substance or controlled substance (i.e. prescription drugs, marijuana, cocaine or any other illegal drug).
These laws differ slightly for individuals under the age of 21 or who drive a commercial vehicle. Anyone under the age of 21 can be charged with a DUI if he or she has a BAC of 0.02% or higher, and a commercial driver can be charged with a DUI if he or she has a BAC of 0.04% or higher.
DUI Convictions in Florida
First Conviction
In Florida, the first time an individual is charged with a DUI can result in harsh consequences. Under the law, the Department of Highway Safety and Motor Vehicles and the court have the right to enforce the following administrative penalties after your first DUI conviction:
- A $130 administration fee
- Driver’s license suspension (180 days to one year)
- DUI program
- Interlock device
Furthermore, an individual will have to pay $45-$75 for driver’s license reinstatement fees, which is based on if the driver’s license was suspended or revoked. Under certain circumstances, an individual could even face criminal penalties that may include:
- Up to one year probation
- 50 hours of mandatory community service
- Up to six months in jail (up to nine months if the individual’s BAC is higher than 0.15%)
- Vehicle impoundment (up to 10 days)
- Fines from $500-$1,000
- If an individual has a minor in the vehicle, and his or her BAC is higher than 0.15%, fines will range between $1,000-$2,000.
Second Conviction
The second time an individual is convicted of a DUI, he or she faces the following administrative penalties:
- Suspended/revoked driver’s license if the second conviction was not within five years of the first conviction
- Suspended/revoked driver’s license for five years if the second conviction was within five years of the first conviction
- DUI program and interlock device
- A $130 administrative fee
A second DUI conviction may also result in the following criminal penalties if the driver’s BAC is high enough or the driver is a minor:
- Vehicle impoundment for 30 days
- Up to nine months in jail
- Up to one year incarceration if an individual has a BAC of 0.015% or higher with a minor in the vehicle
- Fines from $1,000-$2,000
- Fines from $2,000-$4,000 for those with a BAC of 0015% or higher with a minor in the vehicle
Third Conviction
Those convicted of a third DUI can face further administrative penalties within the state of Florida:
- Suspended/revoked license up to 10 years
- DUI program
- A $130 administrative fee
- A $45-$75 driver’s license reinstatement fee
- Interlock device
A third DUI charge is also open for the following criminal penalties:
- Vehicle impoundment for up to 90 days
- Mandatory 30 days in jail with a maximum time of one year
- Fines from $2,000-$5,000
- If an individual’s BAC was 0.15% or higher, the minimum fine is $4,000
Subsequent Convictions
Subsequent convictions could result in the following administrative penalties:
- Five years suspended/revoked driver’s license (no hardship available)
- DUI program
- Interlock device
- A $45-$75 reinstatement fee
Criminal penalties following subsequent convictions could result in a minimum fine of $2,000 and up to five years jail time.
Special Circumstances for Florida Drivers Under 21
When a driver under the age of 21 is convicted of a DUI, he or she is subject to automatic driver’s license suspension for six months by the Department of Highway Safety and Motor Vehicles. If a young driver refuses to take a BAC test, it will result in a suspended driver’s license for up to 18 months. Additionally, if a young driver has a prior DUI conviction, his or her driver’s license will be suspended for one year.
Florida DUI Accident Attorneys for Drunk Driving Victims & Their Families
If you or someone you love has been injured or killed in a Florida DUI accident by a drunk driver, you may have rights to compensation for your losses. The experienced Tampa car accident attorneys at Lorenzo & Lorenzo are prepared to help you with any legal needs you may face. Contact us today for a free consultation.
