Criminal DUI penalties increase based on the frequency of DUI convictions and the severity of your current DUI offense. In addition to the criminal penalties for driving under the influence, you are also subject to administrative penalties by the Department of Highway Safety and Motor Vehicles, and to financial and personal collateral consequences.
Below are DUI penalty charts for the most common DUI offenses.
First DUI |
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| Statutory Minimum Penalty | Statutory Maximum Penalty | ||
| Jail Time | None | Six Months | |
| Probation | One Day (However, almost always at least six months) | One Year | |
| Alcohol level at least .20 or a minor was in vehicle | None | Nine Months | |
| License Suspension | 180 Days | One Year | |
| Impoundment | (Can be waived) | Mandatory Ten Day Period | |
| Ignition Interlock Device | None | Six Months (Can be waived) | |
| Fines | $250 | $500 | |
| Alcohol level at least .20 or a minor was in vehicle | $500 | $1,000 |
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| Probable Conditions of Probation | 50 hours of community service. DUI school, evaluation for substance abuse problems and follow recommended treatment plan. Victim impact panel and attendance of AA classes. | ||
Second DUI within Five Years |
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| Statutory Minimum Penalty | Statutory Maximum Penalty | ||
| Jail Time | Ten Days | Nine Months | |
| Probation | One Day (However, almost always at least six months) | One Year | |
| Alcohol level at least .20 or a minor was in vehicle | Ten Days | Twelve Months | |
| License Suspension | Mandatory Five Years | Mandatory Five Years | |
| Impoundment | Ten Days | 30 Days if Second DUI Within Three years (Can be waived) | |
| Ignition Interlock Device | For a Minimum of One Year | (Can be waived, excused) | |
| Fines | $500 | $1,000 | |
| Alcohol level at least .20 or a minor was in vehicle | $1,000 | $2,000 |
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| Probable Conditions of Probation | Advanced DUI school, evaluation for substance abuse problems and follow recommended treatment plan. Victim impact panel and attendance of AA classes. | ||
Top Second DUI outside of Five Years |
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| Statutory Minimum Penalty | Statutory Maximum Penalty | ||
| Jail Time | None | Nine Months | |
| Probation | One Day (However, almost always at least six months) | One Year | |
| License Suspension | 180 Days | One Year | |
| Impoundment | Mandatory Ten Day Period | Mandatory Ten Day Period | |
| Ignition Interlock Device | For a Minimum of One Year | For a Minimum of One Year | |
| Fines | $500 | $1,000 | |
| Alcohol level at least .20 or a minor was in vehicle | $1,000 | $2,000 | |
| Probable Conditions of Probation | 50 hours of community service. Advanced DUI school, evaluation for substance abuse problems and follow recommended treatment plan. Victim impact panel and attendance of AA classes. | ||
Top Third DUI within the last Ten Years |
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| Statutory Minimum Penalty | Statutory Maximum Penalty | ||
| Jail Time | 30 Days | Twelve Months | |
| Fine | $1,000 | $2,500 | |
| Alcohol level at least .20 or a minor was in vehicle | $2,000 | $5,000 | |
| Probation | One Day (However, almost always at least six months) | One Year | |
| License Suspension | Mandatory Ten Years | Mandatory Ten Years | |
| Impoundment | 10 Days or 90 Days if 3rd DUI Within 5 Years | ||
| Ignition Interlock Device | At Least Two Years | At Least Two Years |
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Impoundment of the vehicle if the family of the defendant has no other transportation. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.
Other DUI offenses include:
Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.
- DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
- DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
- Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
- Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).
Call the DUI Attorneys at the Arnold Law Firm
10 THINGS TO REMEMBER AFTER BEING ARRESTED
Please contact our DUI Attorneys if you or someone you know who is looking for legal representation on their DUI arrest in Duval, Clay, Nassau, or St. John's county. Our phones are answered all the time so that we may respond quickly to our requests for legal services. Whether it is an arrest for DUI in Jacksonville, the Beaches Area, St. Augustine, Green Cove Springs, Orange Park, Fernandina Beach, Yulee, Southside, or on Jacksonville's Westside, call anytime. Our Jacksonville based DUI attorneys will call within the hour. We also strive to give our clients the best DUI legal representation possible. We look forward to helping you with your DUI arrest needs.
