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Florida Drunk Driving Laws
Looking for a Florida Lawyer specializing in drunk driving, DUI or DWI cases?

Have you been charged with drunk driving in Florida?
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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.

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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.



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

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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