Drunk & Drive Penalties In Florida

By Author: Augustine Joseph
Total Articles: 16
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Drinking alcohol and driving dramatically increase your chance of being in a crash. In addition to that, if you are pulled over & if the officer asks you to take a blood, urine or breathe test you are required to comply.
Florida has the Implied Consent Law. When you sign your driver’s license you have agreed to take these tests upon request. If you refuse to take any of these tests, for the first time, it will result in an immediate suspension for one year. A second refusal will result in an 18 month suspension.

BAC for a DUI in Florida:
BAC in Florida,
*Under the age of 21then .02%
*Age of 21 or older than then .08%
*If it’s commercial then .04%
When refused to take test, then for
*1st Offense-1 year license suspension.
*2d Offense-18 month license suspension.
*3rd Offense-18 month license suspension.
The minimum jail time for drunk & drive is as follows
*1st Offense -No minimum jail term.
*2d Offense-10 day’s jail.
*3rd Offense- 30 day’s jail.
Look back Period:
This look back period is 5 years for a Second offense, ...
... 10 years for a third offense. Period of time that prior DUIs are relevant for sentencing; this is also known as a washout period.

Plead to a lesser offense:
In some circumstances, a plea bargain of wet reckless might be accepted by the prosecution in Florida. A wet reckless, or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving.
A plea bargain of wet reckless might be allowed, when the amount of alcohol is borderline illegal, i.e. there was no accident, and the defendant has no prior record. But if there is a subsequent drunk driving conviction, the wet reckless is usually considered a prior drunk driving conviction; the resulting sentence can be what’s required for a second DUI/DWI conviction. If you get caught in such a situation, it’s best trying to make a plea for a wet reckless; all you’ll need is the help of a lawyer.
1st Florida DUI Offense:
Usually the first offense, will teach a good lesson of drunk drivers few of the offense are as follows, First Drunk Driving Conviction, BAL = Blood Alcohol Level
*Jail – 6 Months Maximum if BAL is from .08 to less than .15.
*Jail – 9 Months Maximum if BAL is above .15,
*Fine – From $500 to $1,000 if BAL is from .08 to less than .15,
*Fine – From $1,000 to $2,000 if BAL is 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 i.e. 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.
Ignition Interlock:
Florida law mandates that any driver convicted of a second DUI have an Ignition Interlock device installed in their vehicle. Then the judge may order an Interlock installed on first convictions depending on circumstances.
Drinking and driving causes accidents and deaths every day and therefore the penalties in Florida are very tough. If you drink and drive the result may be
*Jail time,
*Loss of your Florida driver’s license,
*Heavy fines, &
*Much higher auto insurance rates.
A conviction will stay on your Florida driving record for 75 years. So no one can drink alcohol and still drive safely.

Zero Tolerance for Drivers under 21& above:
This means that any driver under 21 that is stopped by law enforcement and has a blood alcohol level of .02 or more than that will automatically have their Florida driver’s license suspended for 6 months. The .02 limit really means that you cannot have a single drink and drive.
For drivers over 21 the legal limit in Florida is .08. Regardless of your age be aware that drinking and driving is considered a serious offense.
Florida Penalties for DUI First Conviction:
*Fine – $250 to $500,
*Community Service – 50 Hours,
*Probation – Less than 1 Year,
*Imprisonment – Not more than 6 Months,
*Imprisonment with BAL of .08 or higher with a minor in the vehicle, not more than 9 months,
*License Revocation – Minimum of 180 days,
*DUI School – 12 Hours.