In Florida, DUI is punished by both pre-conviction administrative and post-conviction criminal sanctions.
Pre-conviction licensing actions for DUI are 6 months’ mandatory minimum suspension for a first offense and 12 months for second and subsequent offenses. There are no post-conviction minimum revocation periods for a first offense, but drivers receive 12 months for a second conviction within five years, 24 months for a third conviction within 10 years, and permanent revocation for the fourth conviction. A hardship license is available following mandatory minimum suspensions. A DWI offender's vehicle is subject to forfeiture if, at the time of the offense, the person is driving on a suspended or revoked license for a prior DUI offense.
Need the immediate assistance of a Florida DWI Lawyer? Click here now to contact our team!
Consequences Of DUI Offense:
Florida has no diversion programs for DWI first offenders nor does it have anything like probation before judgment (PBJ).
At the time of conviction, there are mandatory minimum fines of $250 for a first, $500 for a second and $1,000 for third and subsequent DUI's. There is no mandatory minimum period of incarceration for a first offense, but it is 10 days (with 48 consecutive hours) for a second offense within 5 years, and 30 days for a third within 10 years (also with 48 consecutive hours). Enhanced penalties are available for high-BAC offenders (.20 or higher), although mandatory minimums are the same as for regular offenders. Additional sanctions include community service (50 hours minimum, although the court may substitute a fine of $10 an hour), substance assessment and treatment, victim impact panel (at the judge’s discretion), DWI school, and other assessments and surcharges.
Until July 2001, the only penalties for breath test refusal were administrative license suspensions. BAC test refusal now carries an administrative license suspension of 12 months for a first refusal (instead of 6 months for the DUI) and 18 months for second and subsequent refusals. Since July 2001, second refusals are a class 1 misdemeanor, and offenders can receive additional court-ordered sanctions upon conviction. It is difficult to predict what the penalties will be for misdemeanor refusal because there are no mandatory minimums and very little case law.
Need the immediate assistance of Florida DWI Lawyer? Click here now to contact our team!
