An Overview of Florida DUI Laws and Penalties (Part A)

A DUI in Florida can have devastating consequences. A conviction can negatively affect your personal life, compromise your professional career, and take its toll on your finances. Penalties include fines, license suspensions, and the possibility of time in jail. But if you have recently been charged with a Florida DUI, you may be able to have your charges reduced or dismissed. To do so, you’ll need the help of a Miami DUI defense attorney.  

Florida DUI laws 

Under Florida law, driving under the influence (DUI) is a serious criminal offense. A DUI in Florida can mean that you are under the influence of alcoholic beverages, chemical substances, or controlled substances (prescription drugs). And no matter which substance is found in your system, they are all treated as the same offense. 

Further laws stipulate that anyone who was in “actual physical control” of a vehicle is also guilty of DUI. This includes anyone who has somehow rendered a vehicle immovable, such as someone who drove a vehicle into a ditch or canal. In such cases, a prosecutor does not have to show that the accused was actually driving at the time they were arrested. 

Penalties for a Florida DUI 

For a first offense of DUI in Florida, penalties include, but are not limited to: 

  • A fine of $250 – $500;
  • Administrative license revocation from 180 days – 1 year; and
  • Imprisonment for no more than 6 months, with no mandatory minimum sentence. 

For a second offense of DUI in Florida, penalties include, but are not limited to: 

  • A fine of $500 – $1000;
  • Administrative license revocation for 5 years, if the second DUI was within 5 years of the first DUI. If it was more than 5 years later, the revocation will be from 180 days – 1 year;
  • Imprisonment for no more than 9 months, with a mandatory minimum of 10 days. At least 48 hours of these must be consecutive; and
  • Placement of an ignition interlock system, for a period of at least one year, on any car owned by the convicted. 

For subsequent offenses of DUI in Florida, the fines, license suspensions and jail sentences will increase with each offense. 

Continue to Next Page >>