The Penalties for Miami DUI Defendants: Rising Every Year

As advocate groups of tougher penalties for DUI offenders become more and more prevalent, the penalties for DUI in Florida are tougher than ever. The most recent penalties for individuals accused of driving under the influence are the most severe to date, and it seems that year after year the lawmakers are adding more penalties to increase the old ones.

With nine convenient locations throughout south, southwest and southeast Florida, and a highly trained office in Miami, the Miami DUI Lawyers at Musca Law defend individuals throughout South Florida charged with driving under the influence. With the penalties for DUI in Florida tougher than ever, it is critical that you obtain a highly experienced and trained Miami DUI Attorney that can help you prepare the best possible defense for your charges.

There are statutory mandatory minimum penalties for DUI’s in Florida, as you can see from the outline set forth below:

First Florida DUI Offense:

Florida Criminal Status: Any DUI violation resulting in property damage is a misdemeanor of the 1st degree. Any DUI violation resulting in serious bodily injury to another is a 3rd degree felony. Any DUI violation that results in the death of another is DUI manslaughter, resulting in either a 1st or 2nd degree felony, depending on the circumstances.

Jail: Not more than 6 months. Not more than 9 months if BAC is 2.0 or higher or if a minor was in the vehicle.

Florida DUI Fines/Costs: Not less than $250 nor more than $500. If the BAC is 2.0 or higher, or if a minor was in the vehicle, not less than $500 nor more than $1,000.

Florida License Suspension: 180 days to 1 year.

Violation of Zero Tolerance Law: 1st offense: 6-month license suspension; 2nd offense: 1-year license suspension. Must complete a Traffic Law & Substance Abuse Program before any hardship reinstatement can occur.

Florida Conditional License: Yes. Must complete DUI school first.

Vehicle Impound: 10 days unless the family of the defendant has no other transportation.

Florida DUI School: 1st conviction: Must complete DUI school (12 hours) before any hardship reinstatement. If reinstated after revocation period expires, failure to complete DUI school within 90 days after reinstatement will result in license cancellation.

Florida Probation: 1 year maximum.

Florida Community Service: Mandatory 50 hours or additional fine of $10 for each hour of community service required. Court may grant community service in lieu of DUI fines if defendant is unable to pay.

Second Florida DUI Offense Plus:

Florida Criminal Status: Any DUI violation resulting in property damage is a misdemeanor of the 1st degree. Any DUI violation resulting in serious bodily injury to another is a 3rd degree felony. Any DUI violation that results in the death of another is DUI manslaughter, resulting in either a 1st or 2nd degree felony, depending on the circumstances. A 3rd violation in 10 years is a third degree felony.

Jail: Not more than 9 months. Not more than 12 months if second conviction is within 5 years of first, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

Florida DUI Fines/Costs: Not less than $500 or more than $1,000. If the BAC is 2.0 or higher, or if a minor was in the vehicle, not less than $1,000 or more than $2,000.

Florida License Suspension: 180 days to 1 year. Minimum 5-year revocation if second conviction is within 5 years of the first. May be eligible for hardship reinstatement after 1 year.

Vehicle Impound: 30 days if second offense is within 5 years of first. May be waived if family of the defendant has no other transportation.

Florida DUI School: 2nd conviction in 5 years: Must complete DUI school (21 hours) following conviction.

Florida Probation: 1 year.

Florida Community Service: Court may grant community service in lieu of DUI fines if defendant is unable to pay.

Other:

Commercial Vehicle: BAC limit for commercial drivers is .04 or higher, or refusal to take breath test. One-year license revocation for 1st offense. Permanent disqualification of license for 2nd offense. No hardship provisions.

Under Age: 21

Florida DUI Insurance Consequences: How a DUI/DWI Affects Your Car Insurance.

How long does a DUI stay on your record? A DUI in Florida stays on your driving record forever.

Driver Responsibility Tax: N/A.

Ignition interlock device program: 1st offense: Up to 6 months; 2nd offense: Mandatory ignition interlock device for 1 year.

As you can tell from the basics of the statutory penalties in Florida, the fine for a first-time offender, which is the bare minimum, is as follows:

  • minimum of $500.00
  • 6 months’ probation
  • 50 hours of community service
  • driver’s license suspension of at least six months
  • court cost which is around $400.00
  • Driving Under the Influence school, which costs $250.00 and takes two days
  • 4-hour victim awareness class
  • 10-day vehicle impoundment of the vehicle driven on the night of arrest.

However, it is important to note that these are the minimum penalties. One of the newer changes that affect individuals charged with driving under the influence includes enhanced penalties. Recently, the State is offering enhanced penalties if a DUI defendant wishes to challenge the charge at trial. This means that a DUI defendant with a breath test over .15 BAC will receive a $2,000.00 fine (plus court costs), 1 year of probation, 1 year of license suspension, 6 months car interlock, and 100 hours of community service. Therefore, it is more important than ever to make sure that you have an experienced Miami DUI Attorney to help explain the options available to you if you are facing pending DUI charges.

The attorneys at Musca Law are widely known across the State of Florida as excellent and experience DUI Attorneys who can represent those who have been charged with driving under the influence. The lawyers at Musca Law have a combined level of experience exceeding 100 years, and focus heavily on representing individuals charged with DUI in and around the South Florida and Miami area.