DUI Penalties in Florida

DUI charges are a criminal offense in Florida. This means if you are convicted of the crime of DUI, or if you plead guilty or no-contest, you will be sentenced as a criminal defendant.

There are many mandatory penalties that must be imposed for a DUI charge. This means the judge has no discretion. The judge HAS to impose these restrictions in each and every DUI case. The mandatory conditions that are imposed for each and every DUI sentence are:

• Probation
• Driver’s License Suspension
• Car Impoundment
• Fines
• DUI School and Alcohol Treatment

These conditions must be imposed whether it is a first DUI, or a fourth DUI, whether the crime is charged as a felony or misdemeanor and whether the judge thinks the condition is appropriate or not.

There is a second category of punishments that are mandatory in some DUI cases, but not all. These include:

• Community Service
• Ignition Interlock Devices
• Incarceration

These conditions are only mandatory under certain circumstances. But a judge has the discretion to impose them in any case where they feel the sanction is appropriate.

Then there are alternative sentencing arrangements that may include:

• Scram Bracelets
• Alternative Sentencing (Diversion Programs) and DUI Court

These conditions are never mandatory. They can be imposed by a judge, or arranged as part of a plea deal with your attorney and the prosecutor. In some cases a judge may court order one of these alternative sentencing requirements but it is not the normal practice.

These are the types of penalties you can expect for any DUI charge. The amount of time for each condition will vary depending on your offense.

MANDATORY DUI CONDITIONS FOR EVERY CASE

As mentioned above, there are some punishments that are mandatory for each and every DUI case. These conditions include:

• Probation
• Driver’s License Suspension
• Car Impoundment
• Fines
• DUI School and Alcohol Treatment

There is no way that these conditions can not be imposed. However in certain circumstances the judge may be able to make allowances in the condition to enable you to comply.

Probation

Under the law, 12 months of probation is mandatory for a DUI charge. Probation involves reporting monthly to a probation officer. The probation officer’s job is to help you to understand all of the conditions set upon you by the court, and to give instruction on where you need to go or what you need to do to fulfill the obligation. There is a monthly fee that is paid to the probation office for this service.

Each month you give the probation officer proof of the terms of your sentence that you have completed (such as money for fines or proof of community service hours). The officer keeps track and reports this to the court. As long as you do everything the judge ordered during the term of your probation, you can finish successfully and have no further obligations under your DUI charge.

If you don’t finish all the terms of your probation or if you are accused of another crime while on probation, it is a violation. A violation of probation is a separate charge.

If you violate probation the probation officer signs an affidavit that is given to the judge to ask for your arrest. Sometimes the warrant is served as a summons in lieu of your going to jail. But either way you end up with another criminal charge that you must defend yourself against in court.

Common violations are:

• New law violations for driving on a suspended license
• Not reporting to the probation officer
• Not completing DUI School
• Failing to pay fines and court costs

If you are accused of violating probation you are entitled to a hearing. The hearing is like a mini-trial. There is no jury, just the judge. The judge then makes a determination as to whether the violation was “willful” meaning you meant to do it, or “not willful” meaning you violated but it was not intentional.

If it is a willful violation you can be sentenced to jail. If it is not willful then you continue on probation until you finish all terms.

There is a split in authority as to whether a probation can still be enforced if an offender agrees to serve, or is sentenced to, the maximum jail term. In some jurisdictions the judge will announce the probation but state that it is “non-reporting” or “non-enforceable” because the maximum term has been served. Other judges believe that this is not possible and will force the offender to do the probation.

Driver’s License Suspension

The hardest part of a DUI charge for many in Florida is the license suspension. There are three ways a license can be suspended. There is the administrative suspension if you blow a .08 or higher, there is the possibility for an administrative suspension if you refuse the breath test. Then there is the criminal suspension that is imposed when your case is resolved.

The Administrative Suspension

If you have a Florida driver’s license and you take a breath test and the result is a .08 or higher, your license will be suspended for a period of six months. This suspension has nothing to do with your criminal charge. This suspension takes effect 10 days after your arrest. This suspension can be challenged in the formal review, but keep in mind the ruling on the administrative suspension is not binding on the criminal matter.

Suspensions for Refusal

If you have a Florida driver’s license and you refuse to take the breath test, your license will be suspended for a period of one year. This suspension takes effect 10 days after the arrest. If it is the second (or more) time that you have refused, your license will be suspended for a period of 18 months. This refusal can also be challenged in the formal review, but again, it is not binding on the criminal case.

Criminal Suspensions

Criminal suspensions take effect the day of sentencing. The period of suspension is governed by Florida statute. The judge must impose a suspension period within the limits set by the statute. The criminal suspension is in addition to the administrative suspension that takes effect 10 days after arrest. The suspension periods for Dui charges are listed in the chart below.

DUI Offense	License Suspension Period
1st offense	6 to 12 months
1st offense BAC .15 or higher	6 to 12 months
2nd offense outside of 5 years	6 to 12 months
2nd offense outside of 5 years BAC .15 or higher	5 years to life
2nd offense within 5 years	5 years to revocation
2nd offense within 5 years BAC .15 or higher	5 years to revocation
3rd offense outside of 10 years any BAC level	6 to 12 months
3rd offense within 10 years any BAC level	10 years to revocation
4 or More Offenses	Revoked
DUI With Serious Bodily Injury	3 years to revocation
DUI Manslaughter	Revoked

How do I get around with no license?

Depending on your offense and history, you may or may not be eligible for a hardship license or business purpose only license. This license is also known as a “BPO.” A BPO license allows you to drive to work, school or court while your license is suspended for a DUI charge.

When Can I Apply for a BPO?

In order to obtain a BPO, you must contact the hearing officer of the DMV for review of your application. BPOs usually are not issued until you have completed DUI school. If you are applying for a BPO and you have a 2^nd or 3^rd offense (or more) there are certain conditions you must meet. You can be placed on “mini-probation” with alcohol and drug testing and mandatory AA or NA meetings in order for you to keep the BPO license. This is to ensure sobriety while you serve out the suspension period. Also, BPO licenses are expensive. There is a separate charge for the privilege.

What if I have an out of state license?

Most states have “reciprocity.” Reciprocity means that one state honors the suspension laws of another state. So if Florida says your license is suspended for six months, chances are your home state will honor that suspension. In some cases the home state will impose additional requirements over and above Florida law in order to comply with the home state’s DUI conditions as well.

The driver’s license suspension is the hardest part for most offenders. It is a complicated, inconvenient and expensive penalty of a dui charge. But with the advice of a good attorney, you should be able to mitigate the damage so that you can get your driving privilege back as soon as possible.

Car Impoundment

As part of a DUI sentence the judge will impose the impoundment of the vehicle you were driving for a set period of time. This can be accomplished by having the car towed to a yard or by having an officer place a “boot” on the car at your home. The costs associated with this impoundment are solely your responsibility.

The thought behind the impoundment of the vehicle was that an offender would not have access to a car to drive should he or she be drinking again. It is not really known how much effectiveness this has because most people have no license to drive while the impound period is in place. Most repeat offenders just fine another car. But it is the law and it will be ordered as part of your probation.

The times set by statute for the impoundment of the vehicle are as follows:

DUI Offense	Vehicle Impound
1st offense	10 days
1st offense BAC .15 or higher	10 days
2nd offense outside of 5 years	10 days
2nd offense outside of 5 years BAC .15 or higher	10 days
2nd offense within 5 years	30 days
2nd offense within 5 years BAC .15 or higher	30 days
3rd offense outside of 10 years any BAC level	10 days
3rd offense within 10 years any BAC level	90 days
4 or More Offenses	90 days
DUI With Serious Bodily Injury	10 days
DUI Manslaughter	10 days

There are some cases where the judge can waive the impoundment of the vehicle. These cases include situations where the vehicle is not owned by you or is used by other people in your home. It can also be waived if the vehicle is owned by a company. But these are not absolutes. If you are sentenced for a dui charge you should count on the impoundment of the car. Some judges will waive the impoundment under the circumstances listed above, but not all are willing to do so.

Fines

Part of every DUI sentence involves fines. Fines are expensive! It is one of the most costly aspects of a DUI charge. It is thought that having severe fines will act as an incentive for a party to think twice before driving impaired.

The fines are mandatory and must be imposed by the court. They cannot be waived. It is best to try to pay off fines right away. If they are not paid a violation of probation can be issued and you can be arrested for nonpayment.

In some cases a judge will allow you to work off the fines in additional community service hours. This is a great opportunity for those with limited cash resources. The statutory rate of exchange is $10 per hour. For every hour of community service done for the working off of a fine, the fine is reduced $10.

Some judges will allow a higher rate of exchange. Some judges will allow counseling to substitute for fine amounts (for example, for every AA meeting $10 can be reduced from the fine, or for every session with a licensed health professional the fines will be reduced by $50). But this is not common.

Another option is to have the fines set to judgment. If a DUI fine is put to judgment, it accrues statutory interest and further suspends the offender’s license privilege. This means if you had a six month license suspension, and the suspension period is up, but your fines have been set to judgment you won’t be able to get the license until those fines are paid. And if they were set to judgment, they will be more expensive than first ordered.

The fines as set by statute are:

DUI Offense	Minimum Fine	Maximum Fine
1st offense	$500	$1000
1st offense BAC .15 or higher	$1,000	$2,000
2nd offense outside of 5 years	$1,000	$2,000
2nd offense outside of 5 years BAC .15 or higher	$2,000	$4,000
2nd offense within 5 years	$1,000	$2,000
2nd offense within 5 years BAC .15 or higher	$2,000	$4,000
3rd offense outside of 10 years any BAC level	$2,000	$4,000
3rd offense within 10 years any BAC level	$2,000	$5,000
4 or More Offenses	$2,000	$5,000
DUI With Serious Bodily Injury	$1,000	$5,000
DUI Manslaughter	$1,000	$15,000

These fines can’t be reduced even if the judge wants to reduce them. They are statutorily mandated. In some cases an attorney may be able to reduce your charge in order to receive a lesser fine amount. But in all cases a fine will be imposed.

DUI School and Alcohol Treatment

Dui School is mandatory for every DUI offense. There are two levels of DUI School. Each Dui School is made up of two parts, the classroom session and the referral treatment.

The first DUI School class is a basic understanding of how alcohol affects your driving and how to be more responsible in the future. This is called “Level One” or “Dui School”. All first offenders are sent to this level of DUI School.

If you are a subsequent offender, or in cases of DUI Manslaughter or DUI With Serious Bodily Injury, a judge will order “Advanced DUI School” or “Level Two” Dui School. This class is longer and faces on health impacts of alcoholism and how to deal with problem drinking or drug use. The idea being that if you are a multiple offender, you have more serious issues than an offender who made a one time mistake.

Even if a judge orders one level or the other, it is the class evaluator who will determine which Dui School class you should attend. Each and every offender goes through a screening process to determine which class you will attend. You will also be screened to determine if there is need for additional drug and alcohol counseling. This counseling is over and above the Dui School class and will need to be finished before you can reinstate your driving privilege. There is a fee for each and every treatment session.

In most cases, if your blow was over a .15, the ordered counseling will consist of 16 weeks of drug and alcohol sessions. If your blow was under a .15 it may be less. In rare cases no follow up counseling may be ordered at all. It is all dependent on the person. In very rare circumstances they may recommend in-patient treatment. This should be discussed with your attorney right away.

If you complete the class, but do not complete the counseling, you will not be allowed to receive a certificate for your DUI School. You have 90 days from the completion of the class to enroll in treatment. You must then stay enrolled until the recommended treatment is completed. If you do not, you have to take the class all over again. This also means paying for the class all over again. So it is important to follow through.

Failing to complete DUI School and/or any recommended follow up treatment will result in a hold being placed on your driver’s license record. You will never be able to re-instate your license if these matters are not completed and properly reported to Tallahassee.

MANDATORY FOR SOME CASES, ORDERED FOR MOST

The sanctions and conditions discussed above are mandatory for every DUI case. But there are some sanctions that are not mandatory in all cases. This does not mean a judge can’t impose them anyway. It just means that the judge doesn’t have to by law. These conditions include:

• Community Service
• Ignition Interlock Devices
• Incarceration

Community Service

Community service is only mandatory for first time DUI offenses. If it is first offense, there are 50 hours of mandatory community service that must be imposed. Some judges will impose community service each and every time an offender has a DUI charge. Depending on the circumstance, the State or the judge may impose more than 50 hours of community service for the offender.

Community service or public service hours are just that. Time spent working for a community organization. The organization must be registered as a not for profit entity in the State of Florida. The most popular community service locations are:

• Churches
• Habitat for Humanity
• Salvation Army
• Humane Society and
• Boys and Girls Clubs

This is not an exclusive list. But it is some of the most common locations for performance of community service hours. These must be completed in order to avoid a violation of probation.

Some judges will allow an offender to “buy out” community service hours. This means instead of actually working at the location, the offender can pay a minimum of $10 an hour for each hour they are unable to perform. Most judges do not like this option because it takes away from the objective of the sanction. This option is usually reserved for those who have jobs that don’t have regular hours (such as doctors, firefighters or nurses) or who have physical limitations that prevent them from doing regular functions of a community service position.

Most find community service to be the most rewarding part of a DUI sentence. Many find giving back actually makes them feel better about their predicament. Some offenders continue to perform community service after the time is complete.

Ignition Interlock Devices

Ignition interlock devices are mandatory for those who have a BAC or BrAC of .15 or over, even on a first offense. They are also mandatory for all repeat offenders. The minimum period for an ignition interlock is 6 months on a first offense. This doesn’t mean a judge can’t order it for a longer period of time. The more offenses you have the longer the mandatory period of time for the interlock.

DUI Offense	Ignition Interlock
1st offense	Not Required
1st offense BAC .15 or higher	6 months
2nd offense outside of 5 years	1 year
2nd offense outside of 5 years BAC .15 or higher	1 year
2nd offense within 5 years	1 year
2nd offense within 5 years BAC .15 or higher	1 year
3rd offense outside of 10 years any BAC level	2 years
3rd offense within 10 years any BAC level	2 years
4 or More Offenses	2 years
DUI With Serious Bodily Injury	Not Required
DUI Manslaughter	Not required

So what exactly is an ignition interlock?

Ignition interlock devices are mechanical devices that attach to your car to ensure you are not drinking while driving. An ignition interlock device is installed on a motor vehicle's dashboard. Before the vehicle's motor can be started, the driver must first give a breath sample by breathing into the device. If the result shows that the driver has alcohol on their breath, the device prevents the engine from being started.

How does an ignition interlock work?

At random times after the engine has been started, the ignition interlock will require a breath sample. The purpose of this additional breath sample is to prevent someone other than the driver from providing a breath sample to start the car.

If the breath sample isn't provided, or if the sample registers alcohol on the breath of the driver, the device will log the event, warn the driver and then start up an alarm until the ignition is turned off, or a clean breath sample has been provided.

Contrary to some reports, the interlock devices will not simply turn off the engine if alcohol is detected. This would create an unsafe driving situation and cause unintended traffic crashes.

How much does the ignition interlock cost?

In Florida, the cost for the ignition interlock is set and recorded on the Florida DHSMV page.

As a general rule, initial installation of the ignition interlock in your vehicle is somewhere in the neighborhood of $150.00 – $300.00. The monthly maintenance fee is between $50.00 and $100.00.

What happens if I can’t afford the interlock?

If you have been ordered to place an ignition interlock on your car, your local licensing bureau will not reinstate your license until you install it. If you start to have the interlock and then stop paying, the interlock will be removed and your license will be re-suspended until you comply with the mandated period.

What if I drive without an ignition interlock when the judge has ordered one?

You can be charged with contempt and put in jail.

If you are ordered to have an ignition interlock and you do not place it in your car and you drive the car anyway, you can be arrested. If you did not install the device and as a result your license was not reinstated you could face charges for not having it in the car and also for driving without a license.

If you have it installed in a car, but drive a different car (with the exception of work vehicles in some states) you can face criminal charges.

Having an ignition interlock system in your car is awkward. But it is worth it to keep your driving privilege.

Incarceration

Incarceration means jail. Almost all DUI offenders spend at least overnight in jail before being released. Some spend more, some spend less. But there are guidelines as to how much time an offender must spend in jail upon conviction. The amount of time spent depends on how many offenses you have, how high the alcohol content is, and whether a person’s property or physical being is damaged.

The judge is mandated by law to impose a mandatory minimum sentence. But they don’t have to stick with the least amount of time. A judge can order much more jail time than is required, and often they do. Below is a chart that lists the minimum and mandatory sentences for each offense:

DUI Offense	Minimum Mandatory	Maximum Jail
1st offense	None	6 months
1st offense BAC .15 or higher	None	9 months
2nd offense outside of 5 years	None	9 months
2nd offense outside of 5 years BAC .15 or higher	None	1 year
2nd offense within 5 years	10 days	1 year
2nd offense within 5 years BAC .15 or higher	10 days	1 year
3rd offense outside of 10 years any BAC level	None	1 year
3rd offense within 10 years any BAC level	30 days	5 years
4 or More Offenses	None	5 years
DUI With Serious Bodily Injury	Depends on the scoresheet	5 years
DUI Manslaughter	4 years	15 years

Weekend Jail

According to the statute, jail time must be served at least 48 hours at a time consecutively. This means you could theoretically serve a 10 day sentence doing “weekends” at the jail. You would turn yourself in Friday night or early Saturday morning and be released 48 hours later. This allows an offender to keep a weekday job.

Not every judge or jail will allow for this arrangement.

Rehabilitation Facilities

The statute also provides that day for day credit can be awarded to an offender for every day spent in an in-patient drug or alcohol program. This credit is mandatory if the program is court ordered. The idea is that time addressing an alcohol or drug program is more useful than time spent in jail. The program must be approved by the judicial system for the credit to apply.

Work Programs and Half Way Houses

You can’t serve your mandatory jail time through a half way house or work program. It is not allowed. The mandatory jail must be in a jail or a rehabilitation facility.

However, you can serve any portion of the sentence that is imposed over and above the mandatory minimum sentence in one of these types of programs.

Incarceration is a hard part of a Dui sentence. If you think you may be facing mandatory time in jail you should discuss your options with a licensed DUI attorney.

DISCRETIONARY SENTENCES

There are certain types of punishment that can be awarded by the court that are not mandated by law. These types of punishment can be an option for an offender if the judge feels it is appropriate. These types of discretionary sentences can keep an offender out of jail or help to monitor their progress throughout the probationary period. These sentence provisions include:

• Scram Bracelets and
• Alternative Sentencing
  • Diversion Programs and
  • DUI Court

SCRAM BRACLETS

A SCRAM is a device that attaches to your ankle in a similar fashion to that of a house arrest bracelet. It is used to monitor individuals to make sure they do not use alcohol. In most cases SCRAM bracelets are only ordered in DUI cases where the offender has prior DUIs, a very high BAC or BrAC level or in cases where an individual was hurt or killed. In some cases a SCRAM is allowed to be worn in exchange for the individual not going to jail.

In addition to the SCRAM bracelet, which is rather noticeable, there is also a VAM and PAM device that performs a similar function.

• VAM stands for Video Alcohol Monitor. If you are assigned a video alcohol monitor, the machine contacts you at various times throughout the day. You then step in front of the monitor and provide a breath sample. The technology used is similar to that of an ignition interlock. The video ensures that you don’t have someone blow into the machine for you. If you test positive for alcohol, the result is sent to the same central location and reported.
• PAM stands for Personal (or portable) Alcohol Monitor. A PAM is a device about the size of a cell phone. If you are ordered to use the PAM, the device will notify you when you need to give a sample. When notified you step into a private location, attach the tube and provide a breath sample. The sample result is recorded and provided to a central monitoring location and reported to the proper agency.

Any of these devices may be used as a way of monitoring an offender while trial is pending, or as a punishment for sentencing. If a positive result is given to the Court under either of these scenarios you may end up in jail.

One of the most common uses for these devices is therapeutic. If a person is struggling with alcohol addiction, and as a result has received a DUI, the Court may order additional counseling or therapy.  The monitoring can help alert a treating physician or therapist so that proper steps can be taken to counsel the patient. Likewise if someone is trying to stop drinking, the machine can act as a reminder or deterrent to assist.

Diversion Programs vs. DUI Court – What is the difference?

Diversion programs are programs designed for first time offenders. The point of a diversion program is to keep the DUI charge from showing as a conviction on the offender’s record. The offender is given a set of conditions. If they do everything that is asked of them, then the State will either dismiss the charge, or will amend the charge to reckless driving. This allows the first time offender to avoid a conviction and some of the extended consequences that result from a DUI conviction.

DUI Court is a program that is designed for defendants who have multiple convictions for DUI. The idea of a DUI Court is to provide an out-patient alcohol treatment option that is run by the court in hopes of addressing the offender’s core issues. Unlike a diversion program, participation in DUI Court does not end in having the charge modified or removed from the offender’s record.

First Time Diversion Programs

For most first time diversion programs the goal is to keep the offender from having a DUI conviction on their record. To participate in these programs the charge must be a first time DUI. In most cases if you had a DUI charge that was reduced to reckless driving you are not eligible for participation. 

To participate in the program the offender must attend DUI School and a drug and alcohol class. They also must pay a reduced fee to the court. Sometimes there is an additional requirement of community service hours or attendance at a local victim impact panel. There could be other minor requirements as well. If the participant successfully fulfills all the requirements of the program, the charge is either reduced to reckless driving or dismissed all together.

This is an attractive option for most first time offenders. It ensures no DUI conviction on their record and saves the trouble of lengthy court proceedings. Not all jurisdictions have this option, but it is very successful in places where it is offered.

How does DUI Court Work?

Dui Courts are designed to address multiple DUI offenders. The program is set up in stages, similar to that of long term treatment programs. The only difference is that in the private sector, a patient would be supervised by a psychiatrist or a nurse. In DUI Court the progress is monitored by a treatment team that includes a judge.

The DUI Court program works in stages. The stages are designed to give intense supervision at the beginning when a person is first learning the parameters of the addiction. Then as the offender learns and growns, there is less and less supervision to prepare them for life without supervision – and without drugs and alcohol!

What are the stages of a DUI Court program?

For the first stage, the offender must submit to random drug and alcohol testing, must serve any mandatory jail time that has been imposed, must attend weekly therapy and group counseling sessions several times a week. Some drug court programs require attendance at AA or NA meetings. Most programs have a requirement that the offender work, attend school, or perform community service hours for a minimum set time a week (most programs set this at a minimum of 25 hours) to ensure the person stays busy. Some programs also impose a curfew for the offender. The offender also must meet with a probation officer on a regular basis.

In the next phase, the offender has fewer counseling and group sessions to attend. The offender uses this time to complete DUI School and any other court ordered sanctions. The offender still must have employment, classes or community service work weekly to stay busy and in most cases must still attend AA or NA meetings. The offender may have the curfew lifted at this point, but still must check in with a probation officer and attend Court with the judge.

In the last phase of the program, the offender has counseling and group sessions about once a month and need only report to the Court once monthly. The offender still must meet with probation, but the idea is to give them as much freedom as possible as they transition out of the program.

If the offender completes all conditions, the offender “graduates” from the program. In some jurisdictions this means the charges are dropped. In others it means the offender is no longer required to go to jail or be on probation.

 

What if an offender elects the DUI Court program and it doesn’t work?

If an offender does not meet all the conditions of the program, they can be “sanctioned.” For the first few discretions (such as drinking or drug use or missing court or counseling) the offender may have to attend extra therapy sessions or perform additional community service. If it continues, the offender could spend overnight in jail or even a week in jail. If the behavior still continues then the offender is released from the program and will receive the original sentence from the court as if there was no participation. This usually means spending a substantial amount of time in jail. So, it is in the offender’s best interest to take the program seriously.

This is just an overview of all of the possible penalties that can be imposed by a judge at the time of sentencing. To see which options may be available for your case you should speak with an experienced DUI attorney.