Attorneys Dell & Schaefer

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DUI Penalties

Ten Day Rule

Field Sobriety Test

Alcohol in the Body

DUI Laws

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FLORIDA DUI PENALTIES AS OF JULY 2002

Given frequent legislative changes in the area of DUI law and the unique nature of each case, readers are urged not to rely solely on this chart. You are advised to review Florida Statute Section 316.193 and to consult with an experienced attorney.

Offense	Fine (*1)	Bac >= .20%or minor1 in car	License Suspension	Probation	Jail Time	Bac >= .20%or minor in car	Impoundment 319.193(6)(d)
1st Offense	$250 - 505	$500 - 1000	180 days to 1y	1 year	0 to 6 months	0 to 9 months	10 days normally. For 2nd conviction within 3 years then 30 days. For 3rd conviction within 5 years then 90 days. *Impound may not be concurrent with probation or jail. Impound on rentals or leases not to extend beyond the lease or rental agreement.
2nd within 5 years	$500 - 1000	$1000 - 2000	5 years	1 year	10 days to 9 months	10 days to 12 months
2nd outside 5 years	$500 - 1000	$1000 - 2000	180 days to 1y	1 year	0 to 9 months	0 to 12 months
3rd within 10 years(charged as felony)	$1000 - 2500	$2000 to 5000	10 years	1 to 5 years	0 to 5 years	0 to 5 years
3rd outside 10 years	$1000 - 2500	$2000 to 5000	180 days to 1y	1 year	0 to 12 months	0 to 12 months
4th Offense(charged as misdemeanor)	$1000 - 2500	$2000 to 5000	Permanent	1 year	0 to 12 months	0 to 12 months
4th Offense(charged as felony)	$1000 - 5000	$1000 to 5000	Permanent	1 to 5 years Guidelines	0 to 5 years Guidelines	0 to 5 years Guidelines

In addition to the above information, a level I or Level II DUI school must be attended and completed as a condition of probation. A first DUI conviction requires 50 hours of community service.

REFUSAL LAWS

(*1) A first refusal will result in a license suspension of 1 year.
(*2) If person refuses a breath blood or urine test and their license has been suspended in the past for refusal, then they will be charged with a misdemeanor violation and their license will be suspended for 18 months. The second refusal is a misdemeanor offense punishable by up to one year in jail. The criminal refusal law is effective as of July 1, 2002