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Drunk
Driving Laws
for Florida
If
you recently
received DUI or
DWI within the
state of
Florida, it's
recommended
that you speak
with a lawyer
who specializes
in defending a
drunk driving
case within the
state of
Florida. Cities
where the most
DUI where
issued include
Miami, Orlando,
Tampa Bay, Fort
Lauderdale,
Jacksonville
and West Palm
Beach, Florida.
Here's more
information
about Florida
DUI/DWI
laws.
|
DUI
(Driving
Under
the
Influence
of
Alcoholic
Beverages,
Chemical
Substances
or
Controlled
Substances).
316.193,
F.S.
Under
Florida
law,
DUI is
one
offense,
proved
by
impairment
of
normal
faculties
or
unlawful
blood
alcohol
or
breath
alcohol
level
of .08
or
above.
The
penalties
upon
conviction
are
the
same,
regardless
of the
manner
in
which
the
offense
is
proven.
Fine
Schedule
s.
316.193(2)(a)-(b),
F.S.
•
First
DUI
Conviction:
Not
less
than
$250,
or
more
than
$500.
With
Blood/Breath
Alcohol
Level
(BAL)
of .20
or
higher
or
minor
in the
vehicle:
Not
less
than
$500,
or
more
than
$1,000.
•
Second
DUI
Conviction:
Not
less
than
$500,
or
more
than
$1,000.
With
BAL of
.20 or
higher
or
minor
in the
vehicle:
Not
less
than
$1,000,
or
more
than
$2,000.
Third
Conviction
More
than
10
years:
Not
less
than
$1,000,
or
more
than
$2,500.
With
BAL of
.20 or
higher
or
minor
in the
vehicle:
Not
less
than
$2,000.
•
Third
DUI
Conviction
Within
10
years:
Not
more
than
$5,000.
With
BAL of
.20 or
higher
or
minor
in the
vehicle.
Not
less
than
$2,000.
•
Fourth
or
Subsequent
DUI
Conviction:
Not
less
than
$1,000.
With
BAL of
.20 or
higher
or
minor
in the
vehicle.
Not
less
than
$2,000.
Community
Service
- s.
316.193
(6)(a),
F.S.
First
Conviction:
Mandatory
50
hours
of
community
service
or
additional
fine
of $10
for
each
hour
of
community
service
required.
Probation
- s.
316.193
(5)(6),
F.S.
First
conviction,
total
period
of
probation
and
incarceration
may
not
exceed
1
year.
Imprisonment-
s.
316.193
(2)(a)
2,
4(b),
(6)(j),
F.S.
At
court's
discretion,
sentencing
terms
may be
served
in a
residential
alcoholism
or
drug
abuse
treatment
program,
credited
toward
term
of
imprisonment.
•
First
Conviction:
Not
more
than 6
months.
With
BAL of
.20 or
higher
or
minor
in the
vehicle:
Not
more
than 9
months.
•
Second
Conviction:
Not
more
than 9
months.
With
BAL of
.20 or
higher
or
minor
in the
vehicle:
Not
more
than
12
months.
If
second
conviction
within
5
years,
mandatory
imprisonment
of at
least
10
days.
At
least
48
hours
of
confinement
must
be
consecutive.
•
Third
Conviction:
If
third
conviction
within
10
years,
mandatory
imprisonment
of at
least
30
days.
At
least
48
hours
of
confinement
must
be
consecutive.
If
third
conviction
more
than
10
years,
imprisonment
for
not
more
than
12
months.
•
Fourth
or
Subsequent
Conviction:
Not
more
than 5
years
or as
provided
in
s.775.084,
Florida
Statutes,
as
habitual/violent
offender.
Impoundment
of
Immobilization
of
Vehicle
- s.
316.193
(6),
F.S.
Unless
the
family
of the
defendant
has no
other
transportation:
First
conviction
= 10
days;
second
conviction
within
5
years
= 30
days;
third
conviction
within
10
years
= 90
days.
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.
Conditions
for
Release
of
Persons
Arrested
for
DUI-s.
316.193
(9),
F.S.
•
The
person
is no
longer
under
the
influence
and;
•
The
person's
normal
faculties
are no
longer
impaired
•
The
person's
blood/breath
alcohol
level
is
lower
than
0.05;
or
•
Eight
hours
have
elapsed
from
the
time
the
person
was
arrested.
DUI
Misdemeanor
Conviction:
(Accident
Involving
Property
Damage
or
Personal
Injury)-s.
316.193
(3),
F.S.
Any
person
who
causes
property
damage
or
personal
injury
to
another
while
driving
under
the
influence
is
guilty
of a
First
Degree
Misdemeanor
(not
more
than
$1,000
fine
or
1-year
imprisonment).
DUI
Felony
Conviction:
(Repeat
Offenders
or
Accidents
Involving
Serious
Bodily
Injury)-s.
316.193
(2),(3)
F.S.
•
Any
person
convicted
of a
third
DUI
within
10
years
or a
fourth
or
subsequent
DUI
commits
a
Third
Degree
Felony
(not
more
than
$5,000
fine
and/or
5
years
imprisonment).
•
Any
person
who
causes
serious
bodily
injury
while
driving
under
the
influence
is
guilty
of a
Third
Degree
Felony
(not
more
than
$5,000
fine
and/or
5
years
imprisonment)
or if
habitual/violent
felony
offender
as
provided
in s.
775.084,
F.S.
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).
Driver
License
Revocation
Periods
for
DUI-s.
322.271,
F.S.
and s.
322.28,F.S.
A.
First
Conviction:
Minimum
180
days
revocation,
maximum
1
year.
B.
Second
Conviction
Within
5
Years:
Minimum
5
years
revocation.
May be
eligible
for
hardship
reinstatement
after
1
year.
Other
2nd
offenders
same
as "A"
above.
C.
Third
Conviction
Within
10
Years:
Minimum
10
years
revocation.
May be
eligible
for
hardship
reinstatement
after
2
years.
Other
3rd
offenders
same
as "A"
above;
one
conviction
more
than
10
years
prior
and
one
within
5
years,
same
as "B"
above.
D.
Fourth
Conviction,
Regardless
of
When
Prior
Convictions
Occurred)
and
Murder
with
Motor
Vehicle:
Mandatory
permanent
revocation.
No
hardship
reinstatement.
E. DUI
Manslaughter:
Mandatory
permanent
revocation.
If no
prior
DUI
related
convictions,
may be
eligible
for
hardship
reinstatement
after
5
years.
F.
Manslaughter,
DUI
Serious
Bodily
Injury,
or
Vehicular
Homicide
Convictions:
Minimum
3-year
revocation.
DUI
Serious
Bodily
Injury
having
prior
DUI
conviction
is
same
as
"B-D"
above.
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Cities
within Florida
(FL) known to
Enforce Drunk
Driving
DUI or DWI laws
including:
|
Altamonte
Springs
Apopka
Aventura
Bayonet
Point
Belle
Glade
Bellview
Beverly
Hills
Bloomingdale
Boca
Del
Mar
Boca
Raton
Bonita
Springs
Boynton
Beach
Bradenton
Brandon
Brent
Cape
Coral
Carol
City
Casselberry
Clearwater
Coconut
Creek
Cooper
City
Coral
Gables
Coral
Springs
Coral
Terrace
Country
Club
Cutler
Ridge
Davie
Daytona
Beach
Deerfield
Beach
Delray
Beach
Deltona
Dunedin
East
Lake
Egypt
Lake-Leto
Ferry
Pass
Fort
Lauderdale
Fort
Myers
Fort
Pierce
Fountainbleau
Gainesville
Golden
Gate
Golden
Glades
Greater
Carrollwood
Greater
Northdale
|
Greenacres
Hallandale
Hialeah
Hollywood
Homestead
Jacksonville
Jacksonville
Beach
Jupiter
Kendale
Lakes
Kendall
Kendall
West
Key
West
Kissimmee
Lake
Magdalene
Lake
Worth
Lakeland
Lakeside
Land
O'
Lakes
Largo
Lauderdale
Lakes
Lauderhill
Lehigh
Acres
Leisure
City
Margate
Melbourne
Merritt
Island
Miami
Miami
Beach
Miami
Lakes
Miramar
Naples
New
Smyrna
Beach
Norland
North
Andrews
Gardens
North
Fort
Myers
North
Lauderdale
North
Miami
North
Miami
Beach
North
Port
Oak
Ridge
Oakland
Park
Ocala
Ocoee
Orlando
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Ormond
Beach
Palm
Bay
Palm
Beach
Gardens
Palm
City
Palm
Coast
Palm
Harbor
Panama
City
Pembroke
Pines
Pensacola
Pine
Hills
Pinellas
Park
Plant
City
Plantation
Pompano
Beach
Port
Charlotte
Port
Orange
Port
St.
Lucie
Richmond
West
Riviera
Beach
Sanford
Sarasota
South
Bradenton
South
Miami
Heights
Spring
Hill
St.
Petersburg
Sunrise
Tallahassee
Tamarac
Tamiami
Tampa
The
Hammocks
Titusville
Town
'n'
Country
University
University
Park
Vero
Beach
South
Wellington
West
Little
River
West
Palm
Beach
West
Pensacola
West
and
East
Lealman
Westchester
Weston
Winter
Springs
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