120 S. Olive Ave., Suite 402
West Palm Beach, FL 33401

Drunk Driving Laws in Florida

If you drink alcohol and drive you dramatically increase your chance of being in a crash. In addition, if you are pulled over and the officer asks you to take a blood, urine or breath test you are required to comply. Florida has the “Implied Consent Law”. When you sign your drivers license you have agreed to take these tests upon request. Refusal to take any of the tests will result in an immediate suspension for one year. A second refusal will result in an 18 month suspension.

The State of Florida drunk driving laws prohibits driving any type of vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 percent BAC limit is the standard measurement used across the United States for the “impaired” driver. This limit is lower for drivers of commercial vehicles (.04%) and virtually non-existent for drivers under the age of 21 (.02%).

1st Florida DUI Offense

First Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)

Jail – 6 Months Maximum (BAL from .08 to less than .15)

Jail – 9 Months Maximum (BAL above .15)

Fine – From $500 to $1,000 (BAL from .08 to less than .15)

Fine – From $1,000 to $2,000 (BAL above .15) or Minor in Vehicle

License – Suspended from 180 Days to 1 Year

Hardship Reinstatement – Complete DUI School Prior to Hardship Application

Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)

Community Service Fine – $10 for Each Hour of Community Service Required

Community Service – 50 Hours

Treatment Program May Be Allowed in Lieu of Imprisonment

Vehicle Impound – 10 Days

1st Florida DUI Offense

First Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)

Jail – 6 Months Maximum (BAL from .08 to less than .15)

Jail – 9 Months Maximum (BAL above .15)

Fine – From $500 to $1,000 (BAL from .08 to less than .15)

Fine – From $1,000 to $2,000 (BAL above .15) or Minor in Vehicle

License – Suspended from 180 Days to 1 Year

Hardship Reinstatement – Complete DUI School Prior to Hardship Application

Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)

Community Service Fine – $10 for Each Hour of Community Service Required

Community Service – 50 Hours

Treatment Program May Be Allowed in Lieu of Imprisonment

Vehicle Impound – 10 Days

2nd Florida DUI Offense

Second Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)

Jail – 9 Months Maximum (BAL from .08 to less than .15)

Jail – 12 Months Maximum (BAL above .15) or Minor in Vehicle

Jail – Mandatory 10 Days (If within 5 years of Previous DUI)

Fine – From $1,000 to $2,000 (BAL From .08 to less than .15)

Fine – From $2,000 to $4,000 (BAL Above .15) or Minor in Vehicle

License – Suspended for 5 Years (If within 5 years of previous)

License Suspension – Eligible for Hardship Reinstatement after 1 Year

Hardship Reinstatement – Complete DUI School

Ignition Interlock Device – Required for 1 Year (BAL from .08 to less than .15)

Ignition Interlock Device – Required for 2 Years (BAL above .15)

Vehicle Impound – 30 Days (If within 5 years of previous)

3rd Florida DUI Offense

Third Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)

Third Degree Felony (If Within 10 Years)

Jail – Up to 12 Months

Jail – Mandatory 30 Days (If 3rd Conviction within 10 Years)

Fine – From $2,000 to $5,000 (BAL from .08 to less than .15)

Fine –$4,000 Minimum (BAL above .15) or Minor in Vehicle

License – Suspended for 10 Years (If 3rd Conviction within 10 Years)

License Suspension – Eligible for Hardship Reinstatement after 2 Years

Hardship Reinstatement – Complete DUI School

Ignition Interlock Device – Required for 2 Years

Vehicle Impound – 90 Days (If 3rd Conviction within 10 Years)

More Information: Third Offense DUI in Florida

4th Florida DUI Offense

Fourth Drunk Driving Conviction

Fine – $2,000 Minimum

Jail – Up to 5 Years

License – Suspended For Life – No Hardship Reinstatement

New Florida DUI Laws

In 2010, Florida reduced penalties for four-time offenders if certain requisites are met. These requirements include a 10-year waiting period with no driving for the 10-year period and no manslaughter in the original charge. Restricted driving privileges will be imposed during the first year. Also, the defendant must participate in an alcohol treatment program within the first six-month period from the time the license is reinstated.

The most important thing in DUI/DWI cases is early intervention by your attorney. This preliminary involvement will help you avoid the consequences of a conviction, which are very serious in Florida. You have rights and you may be able to get that DUI charge dismissed. There are many ways an experienced DUI lawyer can get your case thrown out. DUI/DWI attorney in Palm Beach County will fight for your freedom, your rights and your driver’s license privileges. Call DUI attorney today for a free consultation.

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