Have you or a loved one been arrested in Sanford, FL, or Seminole County with DUI charges? Don’t worry, you have landed on the right place. Our Criminal Defense Attorneys have over 20 years of combined experience in DUI Law and have successfully litigated hundreds of cases in Seminole County and across the state of Florida. Call today for your free consultation. We will listen to your side of the story and craft a defense strategy suited to your specific situation.
Florida DUI Laws
Under the Florida law driving under the influence (DUI) of alcohol, drugs, chemical substances, or any type of controlled substance is considered an offense, this can be proved by impairment to operate a moving vehicle, or by an illegal level of alcohol found in the blood or breath of 0.08 or above. The penalties are all the same regardless of the way in which the DUI offense is proven.
DUI Fine Penalties
- First conviction: Not less than $500, or more than $1000
- Second conviction: Not less than $1000, or more than $2000
- Third conviction:
- If the offense occurs within 10 years since the last offense
- If the offense occurs 10 years or more since the last offense, the fine should be not less than $2000 and no more than $5000
- DUI Incarceration Penalties
- First conviction: No more than 6 months
- Second Conviction: No more than 9 months, if the second conviction occurs within 5 years of the previous conviction, then there is a mandatory 10 days in jail
- Third Conviction:
- If the offense occurs within 10 years since the last, this becomes a felony of a third degree which means the convicted person could be incarcerated for up to 5 years and there is a mandatory 30 days in jail
- If the offense occurs 10 years or more since the last offense, then the convicted person should be incarcerated for no more than 12 months
- Regardless of when the third conviction occurred, if the BAL was .15 or higher, or if there was a minor in the vehicle, the fine will be no less than $4000
Driver License Suspension
- First conviction without bodily injury: Minimum of 180 days to a maximum of one year
- First conviction with bodily injury: Minimum 3 years suspension
- Second conviction within 5 years: There is a minimum 5-year suspension. The offender may qualify for a hardship license after one year
- Second conviction 5 years or more after 1st conviction: Minimum of 180 days to a maximum of one year
- Third conviction Within 10 Years of the second: There is a minimum of 10 years suspension with the possibility of being eligible for a hardship license after 2 years
- Third conviction after 10 years of the second: Minimum of 180 days to a maximum of one year
- Fourth conviction: No matter when the offense occurs, this will cause permanent suspension, however, the offender may be eligible for a hardship license after 5 years
Ignition Interlock Device
- Second Conviction: Mandatory placement of the device at the convicted person’s expense, approved by the Department in accordance with 1938 on all the vehicles that are owned, co-owned, leased or co-leased and operated by the convicted person, when said person qualifies for a permanent or restricted license.
- Third Conviction within 10 years since last: Mandatory placement of the device at the convicted person’s expense for a period of at least two years, with the same conditions listed above for a second conviction.
For a person that commits a DUI offense for a 4th time regardless of when any prior convictions occurred, they will be committing a 3rd degree felony, which carries a fine of at least $2000 and no more than 5 years in jail.
The Seminole County Court may also decide to place the offender on probation, requiring monthly reporting and may require completion of a substance abuse course conducted by a DUI program licensed by the department, and it must include a psychological evaluation of the offender. The court may also require community service hours.
Please note the court may also order the impoundment of the vehicle that was being driven when the offense was committed unless the family of the offender doesn’t have any other transportation. For the first conviction impoundment will be 10 days, for the second conviction in five years it will be 30 days and for the third conviction in 10 years it will be 90 days.
As you can see, DUIs whether it is the first, second, third or fourth offense should not be taken lightly. Drunk driving is a serious offense and hiring legal representation is always recommended and hiring an experienced criminal defense lawyer to help you resolve your situation is a must. Don’t hesitate to give us a call today to get started on your case, the initial consultation is free.
We serve a grand portion on the State of Florida, we have offices in Orlando, Kissimmee, Lakeland, Ocala, Tampa, Jacksonville, Melbourne, and Daytona Beach.