Frequently asked questions about florida dui laws
Strict Laws Mean Even a First Offense Could Bring Jail Time
Florida DUI laws are tough. In many cases DUI is a misdemeanor in Florida, but under certain circumstances, it can be considered a felony offense. Even a first offense in Florida can lead to jail time in addition to license revocation, fines and other penalties.
According to the National Highway Traffic Safety Administration (NHTSA), there were 3,174 total motor vehicle traffic fatalities in Florida in 2016, and 26% of those fatalities were caused by drivers with a blood alcohol concentration (BAC) of .08 or higher. Clearly, drinking and driving can kill. That’s why the penalties are stiff.
Here are answers to some frequently asked questions about Florida DUI laws:
What BAC is considered DUI in Florida?
For adults age 21 and over, if you have a BAC of .08 or higher, you are considered to be driving under the influence. If you drive a commercial vehicle, a BAC of .04 or higher is considered DUI.
If you’re under age 21, Florida’s Zero Tolerance Law means your BAC can’t be over .02, roughly the same level as a single drink.
How much will DUI cost?
According to the Florida DMV, the average cost of your legal defense, fines and auto insurance will be $8,000.
What are the DUI penalties for each offense?
If you’re convicted of even one DUI offense, that conviction will stay on your driving record for 75 years.
Florida DUI law does offer a “washout period,” which limits the amount of time a conviction can be included in your DUI history. Per the washout period (also called a lookback period), your second offense must occur within five years, and a third offense must occur within 10 years. However, if you have four or more DUIs, a court can consider all DUIs regardless of how long ago they occurred.
Is DUI a felony or misdemeanor?
In the majority of cases, DUI is a misdemeanor in Florida. However, a DUI may be a felony offense if you receive 3 or more DUI offenses within 10 years; have four or more DUIs total; or if the DUI led to serious bodily injury, disfigurement, serious organ injury or death of another person or unborn person.
Can I plea a DUI penalty?
If you are a first-time DUI offender with no prior criminal record in the state of Florida, it may be possible for you to reach a plea bargain that would reduce a DUI offense to “wet reckless.” This could happen if your BAC at the time of arrest was relatively close to .08 and if there was no accident. While “wet reckless”
If you’ve been charged with a DUI, you’ll need a lawyer who knows Florida’s DUI laws and who will help protect your rights. The attorneys at the Filler & Hedum Law Firm in Longwood, Seminole County, will use their expertise to provide you with an honest and passionate defense throughout the entire litigation process.
Florida DUI laws are tough. In many cases DUI is a misdemeanor in Florida, but under certain circumstances, it can be considered a felony offense. Even a first offense in Florida can lead to jail time in addition to license revocation, fines and other penalties.
According to the National Highway Traffic Safety Administration (NHTSA), there were 3,174 total motor vehicle traffic fatalities in Florida in 2016, and 26% of those fatalities were caused by drivers with a blood alcohol concentration (BAC) of .08 or higher. Clearly, drinking and driving can kill. That’s why the penalties are stiff.
Here are answers to some frequently asked questions about Florida DUI laws:
What BAC is considered DUI in Florida?
For adults age 21 and over, if you have a BAC of .08 or higher, you are considered to be driving under the influence. If you drive a commercial vehicle, a BAC of .04 or higher is considered DUI.
If you’re under age 21, Florida’s Zero Tolerance Law means your BAC can’t be over .02, roughly the same level as a single drink.
How much will DUI cost?
According to the Florida DMV, the average cost of your legal defense, fines and auto insurance will be $8,000.
What are the DUI penalties for each offense?
- First DUI offense – A fine of between $250-$500, 50 hours community service, up to 1 year of probation; up to 6 months imprisonment (up to 9 months if a minor is in the vehicle with a BAC of .08 or higher); at least 180 days license suspension; 12 hours of Florida DUI school.
- Second DUI offense – A fine of between $1,000-$4,000, up to 9 months imprisonment, up to 5 years license suspension (may be reduced to 1 year with a hardship reinstatement); mandatory installation of an ignition interlock device (IID), which requires you to use a breathalyzer before starting your car.
- Third DUI offense – A fine of between $2,000-$5,000, up to 5 years imprisonment; up to 10 years license suspension (may be reduced to 2 years with a hardship reinstatement); mandatory installation of an IID.
- Fourth DUI offense – A fine of at least $2,000. At least 5 years in jail as a habitual offender. License suspended for life. No chance at hardship reinstatement.
If you’re convicted of even one DUI offense, that conviction will stay on your driving record for 75 years.
Florida DUI law does offer a “washout period,” which limits the amount of time a conviction can be included in your DUI history. Per the washout period (also called a lookback period), your second offense must occur within five years, and a third offense must occur within 10 years. However, if you have four or more DUIs, a court can consider all DUIs regardless of how long ago they occurred.
Is DUI a felony or misdemeanor?
In the majority of cases, DUI is a misdemeanor in Florida. However, a DUI may be a felony offense if you receive 3 or more DUI offenses within 10 years; have four or more DUIs total; or if the DUI led to serious bodily injury, disfigurement, serious organ injury or death of another person or unborn person.
Can I plea a DUI penalty?
If you are a first-time DUI offender with no prior criminal record in the state of Florida, it may be possible for you to reach a plea bargain that would reduce a DUI offense to “wet reckless.” This could happen if your BAC at the time of arrest was relatively close to .08 and if there was no accident. While “wet reckless”
If you’ve been charged with a DUI, you’ll need a lawyer who knows Florida’s DUI laws and who will help protect your rights. The attorneys at the Filler & Hedum Law Firm in Longwood, Seminole County, will use their expertise to provide you with an honest and passionate defense throughout the entire litigation process.
Free Consultation and Criminal Law Case Review
To learn more about your legal rights in a DUI case, call Filler & Hedum Law today for a free consultation. We’ll sit with you, answer all of your questions, outline a specific plan of attack that we will use for your defense, and fully explain all costs and fees associated with your defense. It is your life. There are no games, no secrets, no surprises with Filler & Hedum Law – just complete truth, commitment and legal expertise.
Filler & Hedum---There When You Need 'Em 407-772-0700.
Filler & Hedum---There When You Need 'Em 407-772-0700.
