Driving under the influence in Florida is a serious offense that can lead to severe consequences, impacting various aspects of your life. While many people might think of a DUI as a single, uniform charge, the reality is quite different. Florida law categorizes DUI offenses into several types, each with its own set of criteria and penalties.
In this article, our experienced DUI attorneys explore the different types of DUI charges in Florida and what each entails, so you can navigate this challenging situation with greater clarity and preparedness.
DUI Specifics Determine Penalties
Let’s discuss the different types of DUI charges and their possible penalties.
#1. First-Time DUI
A first-time DUI conviction might lead to fines up to $1,000, probation for up to a year, license suspension for six months, and possible jail time up to six months. You may also be required to complete community service, attend DUI school, and undergo substance abuse counseling and treatment.
In Hillsborough and Pinellas counties, DUI diversion programs may offer an alternative to traditional penalties. These programs typically aim to rehabilitate offenders rather than punish them harshly. Eligibility for these programs often depends on factors like the specifics of the offense and your previous criminal history.
Completing a diversion program can sometimes result in reduced charges or even dismissal of the DUI offense, providing a valuable second chance.
#2. Second DUI
If more than five years have passed since your first drinking and driving incident, you will be considered a first-time offender for your second charge. However, if the second charge occurs within five years of the initial offense, it will be treated as a second offense. This can lead to more strict punishments, including up to a year in jail and fines reaching up to $4,000.
#3. Multiple DUIs
If you find yourself convicted for a fourth-time DUI, the stakes get even higher. At this point, the offense is classified as a third-degree felony. This brings along not just harsh penalties but also life-changing repercussions such as permanent license suspension.
Additionally, felonies of this nature are accompanied by hefty fines, often exceeding $5,000.
#4. Commercial License DUI
Florida imposes stringent penalties to ensure the safety of all road users. If you hold a Commercial Driver’s License (CDL,) the penalties for a DUI conviction can significantly impact your career and livelihood.
A commercial DUI in Florida carries severe consequences, including:
- Immediate License Suspension: Upon arrest, your CDL can be suspended even before a trial. This suspension lasts for one year for a first-time offense.
- Fines: You could face fines ranging from $500 to $1,000 for a first-time DUI. For any subsequent offenses, the fines increase dramatically.
- Jail Time: A conviction can lead to incarceration, with sentences ranging from a few days to several months, depending on the nature of the offense and any prior convictions.
- Permanent Record: A DUI conviction remains on your driving record permanently, making it difficult to secure employment as a commercial driver in the future.
Read More > What Happens to Your CDL License if You Get a DUI?
#5. Underage DUI
If you’re caught with a blood alcohol concentration (BAC) of 0.02% or higher as an underage driver, here’s what you could face:
- License Suspension: Your driver’s license will be suspended for six months for a first offense. A second offense could result in a one-year suspension.
- Community Service: You may be required to complete community service hours, typically around 50 hours, although specific requirements can vary.
- Fines: Financial penalties can include fines up to $1,000 depending on the specific circumstances and any prior offenses.
- Mandatory Education: Attendance in a DUI alcohol education program is often required.
- Possible Jail Time: While less common for first-time offenders, jail time remains a possible consequence, especially for repeat offenses or higher BAC levels.
#6. DUI with Property Damage
This charge involves driving under the influence and causing damage to someone else’s property, which could be anything from another vehicle to a building or even a mailbox. Under Florida law, a driving under the influence charge with property damage is classified as a first-degree misdemeanor.
If convicted, you could face fines of up to $1,000, the possibility of one year in jail, probation, license suspension, and restitution. This means you will likely be ordered to cover the costs of the damaged property.
#7. DUI with Bodily Injury
A DUI with bodily injury can result in extended jail time, substantial fines, and long-term license suspension. The severity of the injury often dictates the extent of the penalties. You may also be required to pay restitution to cover the medical costs of the injured party.
#8. DUI Manslaughter
If convicted of DUI manslaughter, you could face substantial prison time, hefty fines, and a permanent felony record.
- Prison Sentence: A minimum of four years in prison, with the possibility of up to 15 years if there are no aggravating factors.
- Fines: Potential fines ranging from $4,000 to $10,000.
- License Revocation: Permanent revocation of your driver’s license.
- Probation: Lengthy probation period once released from prison.
- Community Service: Mandatory community service hours.
It’s important to note that any aggravating factors, such as leaving the scene of the accident, can dramatically increase these penalties.
#9. DUI & Drug Charges
Just like alcohol-related drunk driving, drug-related offenses are taken very seriously. Authorities strictly enforce these laws to ensure public safety, and the penalties can be severe.
Florida law considers both illegal substances and prescription medications that impair your ability to drive, so always consult your doctor about any medications you are taking and their potential effects on your driving.
Skilled DUI Defense
If you are facing any of the above drinking and driving charges, remember you do not have to face them alone. Our skilled DUI attorneys at Stechschulte Nell Law will provide you with the best defense possible. With our knowledge of the law and experience with DUI cases, we will work tirelessly to navigate the legal system on your behalf.
Don’t let a DUI charge derail your future – contact us today for a FREE consultation and let us help you fight for your rights and reputation. Trust in our expertise and let us defend you every step of the way.
