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DUI Penalties

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  
  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
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      
  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
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
     
  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
     
  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

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.