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Driving Under the Influence (DUI)

In Florida, Driving Under the Influence is defined as: 
(1) Being in actual, physical control of a vehicle WHILE:
(a) Under the influence of alcoholic beverages or a chemical substance to the extent that your normal faculties are impaired; OR
(b) Having a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters blood; OR
(c) Having a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
- Section 396.193 of the Florida Statutes

Penalties for Driving Under the Influence:

  • A first-time DUI conviction in Florida is punishable by up to 6 months in the county jail & a $1,000 fine. Section 316.193(2) of the Florida Statutes.​

  • If your breath/blood alcohol level was 0.15 or higher OR you were driving with a passenger under the age of 18, then you can face up to 9 months in the county jail & a $2,000 fine. Section 316.193(4) of the Florida Statutes.

  • If a car crash that resulted in damage to the property or person of another was involved, then you can face up to 1 year in the county jail & a $1,000 fine. Section 316.193(3) of the Florida Statutes.

Driving Under the Influence is considered an "enhance-able" offense:
  • Florida law punishes individuals who have been convicted multiple times of Driving Under the Influence more severely:​
    • ​A second DUI conviction within 5 years comes with a minimum mandatory jail sentence of at least 10 days. Section 316.193(6)(b) of the Florida Statutes.
    • A third DUI conviction within 10 years comes with a minimum mandatory jail sentence of at least 30 days. Section 316.193(6)(c) of the Florida Statutes.
    • If you are arrested for a fourth or subsequent DUI, the charge is enhanced to a felony of the third degree, punishable by up to 5 years in prison & a minimum fine of $2,000. Section 316.193(2)(b)(3) of the Florida Statutes.
Mandatory Driver's License Suspensions:
  • A first-time DUI conviction will result in a suspension of your driver's license ranging from 6 months to 1 year. Section 322.28(2)(a)(1) of the Florida Statutes.
  • A second DUI conviction within 5 years will result in a suspension of your driver's license for at least 5 years. Section 322.28(2)(a)(2) of the Florida Statutes.
  • A third DUI conviction within 10 years will result in a suspension of your driver's license for at least 10 years. Section 322.28(2)(a)(3) of the Florida Statutes.
  • A fourth DUI conviction will result in a PERMANENT revocation of your driver's license. Section 322.28(2)(d) of the Florida Statutes.
Mandatory Adjudication:
  • Under Florida law, no court has the discretion to withhold adjudication when sentencing a defendant in a Driving Under the Influence case. - Section 316.656 of the Florida Statutes ​
Habitual Traffic Offender Considerations:
  • Depending on your driving history, a conviction for Driving Under the Influence can cause you to be designated as a "habitual traffic offender", resulting in a minimum 5-year suspension of driver's license.
- Section 322.264 of the Florida Statutes
CALL NOW FOR YOUR FREE CONSULTATION WITH A TAMPA CRIMINAL DEFENSE ATTORNEY
  • A DUI conviction will not only impact your driver's license, but could also subject you to significant fines and jail time.
  • If you have been arrested for Driving Under the Influence, call (813) 787-4849 right now for a free case consultation.​
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