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Penalties for Driving Under the Influence convictions in Florida are strict and statutory in nature, and
adjudication is mandatory (meaning your criminal record cannot be sealed or expunged). Consequences
include fines, incarceration/jail, drivers license revocation, DUI School, community service and probation.
Fines
First conviction: You will pay between $500 and $1,00, but if
you take a blood or breath test and score over .15% or there is
a minor in your vehicle, your fine increases to $1,000 to
$2,000.
Second conviction: You will pay between $1,000 and $2,000,
but if you take a blood or breath test and score over .15% or
there is a minor in your vehicle, your fine increases to $2,000
to $4,000.
Third conviction (more than 10 years after the second): You
will pay between $2,000 and $4,000, but if you take a blood or breath test and score over .15% or there is a
minor in your vehicle, your fine increases to over $4,000.
Incarceration/Jail
First conviction: You could spend up to 6 months in jail, but if you take a blood or breath test and you score
over .15% or there is a minor in your vehicle, your jail time could increase to up to 9 months in jail.
Second conviction: You could spend up to 9 months in jail. If you take a blood or breath test and you score
over .15% or there is a minor in your vehicle, your jail time could increase to up to 12 months in jail. If the
second conviction occurs within five years of your first, you have to spend a mandatory 10 days in jail.
Third conviction (more than 10 years after the second): You could spend up to 12 months in jail, but if you
take a blood or breath test and score over .15% or there is a minor in your vehicle, it is considered a 3rd
degree felony and your jail time could increase to up to 5 years in prison with a 30-day mandatory sentence.
Fourth conviction: Considered a 3rd degree felony, you will spend up to 5 years in prison regardless of the
time between the previous DUI.
DUI School
First conviction: DUI school must be completed before being eligible for a hardship reinstatement. If you
wait out the revocation period, you need to only show proof of enrollment or completion before being
reinstated, however if you fail to complete DUI school within 90 days after reinstatement, you license will be
cancelled. You cannot be relicensed until DUI school is completed.
Second conviction: If within 5 years, you must complete DUI school again.
Reckless driving: If the court has reasonable cause to believe that the use of a controlled substances
contributed to reckless driving, you must complete DUI school if ordered to do so.
Community Service
First conviction: You will have to complete mandatory 50 hours of community service. However in some
cases, judges will allow you to buy out of community service at $10/hour.
Probation
Probation is not mandatory in a conviction of DUI, but it is common to be put on probation if all conditions of
the sentence (such as fines, DUI school, community service, etc.) are not satisfied by the time the case is
resolved. But an experienced attorney can help you to avoid a long probation.
Lawyers, is a former President of the Pasco County Bar Association and has served on both the Florida Bar
Disciplinary Committee and Floridas Judicial Qualifications Committee (JQC).