DUI Penalties

Given frequent legislative changes in the area of DUI law and the unique
nature of each case, readers are urged not to rely solely on graphs and
charts. You are advised to review Florida Statute Section 316.193 and to
consult with an experienced attorney.

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Offense	Fine	BAC >= .20% or minor in car	License Suspension	Probation	Incarceration	Bac >= .20% or minor in car	Impoundment 319.193(6)(d)	Other
1^st Offense	$250 – 505	$505 – 1000	180 days to 1y	1 year	0 to 6 months	0 to 9 months	10 days normally. For 2^nd conviction within 3 years then 30 days. For 3^rd conviction within 5 years then 90 days. *Impound may not be concurrent with probation or jail. Impound on rentals or leases not to extend beyond the lease or rental agreement.	DUI School AET, 50 CS, VIP
2^nd within 5 years	$500 – 1000	$1000 – 2000	5 years	1 year	10 days to 9 months	10 days to 12 months		MOS
2^nd outside 5 years	$500 – 1000	$1000 – 2000	180 days to 1y	1 year	0 to 9 months	0 to 12 months		MOS
3^rd within 10 years	$1000 – 2500	$2000 to 5000	10 years	1 year	30 days to 12 months	30 days to 12 months		MOS
3^rd outside 10 years	$1000 – 2500	$2000 to 5000	180 days to 1y	1 year	0 to 12 months	0 to 12 months		MOS
4^th Offense (charged as misdemeanor)	$1000 – 2500	$2000 to 5000	Permanent	1 year	0 to 12 months	0 to 12 months		MOS
4^th Offense (charged as felony)	$1000 – 5000	$1000 to 5000	Permanent	1 to 5 years Guidelines	0 to 5 years Guidelines	0 to 5 years Guidelines		MOS

	Chapter 97-235 (C.S. for House Bill 1319) may be implemented by the chief judge of the judicial circuit. It provides that judges impose between $50 to $150 in costs to the County Article V Trust Fund. Local rules call for a $100 cost in addition to the standard fines for DUIs. Effective July 1, 1997.
	F.S. 316.193(4): minor defined as under age of 18.
	F.S. 322.28(3): If DWLSR at the time of the DUI, DHSMV will add 3 months to any suspension.
	F.S. 316.193(e): Court’s discretion – may allow defendant to serve all or any portion of imprisonment in a residential alcoholism treatment program. Time spent in such a program, must be credited by the court toward the term of imprisonment.
	F.S. 322.28: If the court does not address the length of the license suspension, DHSMV will suspend the license for the maximum possible length.
	F.S. 316.193(6)(b) & (c): time frames are now measured from the date of the last conviction to the date of offense in the instant case for mandatory jail and for license suspensions.
	F.S. 316.193 (6)(b) & (c): at least 48 hours of the incarceration must be consecutive (i.e., work release may be imposed, but defendant will have to stay in jail at least 2 days straight).
	Toledo v. State, App. 3 Dist., 580 So.2d 335 (1991): Although defendant charged with driving under the influence of alcoholic beverages had three prior DUI convictions, prosecutor had discretion to charge misdemeanor, instead of felony, violation, and therefore county court properly exercised its jurisdiction over defendant's fourth DUI violation.