If you get convicted of DUI in Florida, the negative consequences can continue to haunt you for years. The initial sentence imposed by the court following a DUI conviction includes expensive fines, fees, and court costs.
Then DUI offenders face more fees to attend DUI offender programs and substance use treatment if deemed appropriate. And, of course, the loss of the offender’s driver’s license, for at least 6 months and as long as five or ten years for repeat offenders, is an extraordinary burden for people trying to live life in contemporary America.
But the pain doesn’t stop when the fines are paid and the driver finally has their license reinstated. The fallout from a Florida DUI conviction continues because people with criminal convictions for DUI suffer a long-term social stigma that affects their standing in the community, in the business world, and their relationship with financial institutions, among others.
In Florida, your DUI conviction will never be expunged. It will become a permanent public record available to anyone who checks.
At Stechschulte Nell, Attorneys at Law in Tampa, we understand how pervasive the damage from a DUI conviction can be to the future of any Florida driver. That’s why we have devoted a major part of our professional legal practice to defending drivers charged with DUI, refusals to submit to a breathalyzer test, and other alcohol and drug-related driving offenses and crimes.
What Negative Consequences Follow the Initial Penalties for DUI in Florida?
Although this blog post will mainly focus on the long-term impact of a Florida DUI conviction, we don’t want to minimize the severity, expense, and inconvenience of the initial, court-imposed, and administrative penalties.
The standard initial penalties imposed on drivers convicted of DUI in Florida include the following:
1st Offense DUI in Florida
- Up to 6 months in jail and one-year probation, $500-$1,000 fine, 10-day vehicle impoundment, 6-month license suspension, 50 hours of community service, and completion of DUI school and substance use treatment if indicated,
1st Offense DUI (Enhanced)by BAC of 0.15 or above or minor present in the vehicle during DUI)
- Up to 9 months in jail and one-year probation, $1,000-$2,000 fine, 10-day vehicle impoundment, 1-year license suspension, 6-months mandatory Ignition Interlock Device (IID), with 50 hours of community service, and completion of DUI school and substance use treatment if indicated,
2nd Offense DUI (in 5 years)
- Up to 9 months in jail and one-year probation, $1,000-$2,000 fine, 10-day to 30-day vehicle impoundment, 5-year license suspension, 1-year mandatory Ignition Interlock Device (IID), with 50 hours of community service, and completion of DUI school and substance use treatment if indicated,
2nd Offense DUI (in 5 years) (Enhanced by BAC 0.15 or above or minor in the vehicle during DUI)
- Same as above 2nd offense but minimum mandatory 10 days in jail and up to 1-year in jail and a $2,000-$3,000 fine, community service optional
2nd Offense DUI (in more than 5 years)
- Up to 9 months in jail and 1-year probation, $1,000-$2,000 fine, mandatory 10-day vehicle impoundment, 6-month license suspension, 1-year mandatory Ignition Interlock Device (IID), and completion of DUI school and substance use treatment if indicated,
2nd Offense DUI (in more than 5 years, Enhanced by BAC 0.15 or higher or minor in vehicle)
- Same as above except for up to 1 year in jail and a $2,000-$4,000 fine.
3rd Offense DUI within 10 years of 1st Offense
- 30 days jail (mandatory) and up to 1-year jail, 1-year probation, $1,000-$5,000 fine, 10-year license suspension, 10 to 90-day vehicle impoundment, 2-year minimum IID, and completion of DUI school and substance use treatment if indicated,
3rd Offense DUI within 10 years of 1st Offense -Enhanced by BAC of 0.15 or above or w/ minor
- Same as above, but the fine is $4.000 to $5,000,
4th Offense DUI (3rd Degree Felony)
- Up to 5 years in state prison, up to 5 years of probation, $2,000-$5,000 fine, Permanent License Revocation, 10-day vehicle impoundment, 2-year minimum IID, and completion of DUI school and substance use treatment if indicated.
Additional Long-Term Consequences for DUI Conviction in Florida
As though all the penalties outlined above were not enough punishment, society heaps additional social sanctions on most drivers who have DUI convictions. All criminal convictions can pose similar long-term fallout, but DUI convictions often carry a special sense of social disapproval.
The intense negative response most drivers with DUI convictions face is rooted in the widespread belief that driving under the influence of alcohol or drugs is extremely dangerous and likely to seriously injure or kill innocent people at random. Many people have family, friends, or acquaintances with some connection to a person seriously injured by a drunk driver.
While the negative consequences highlighted below may seem unfair, they are legal.
Permanent Record of Criminal Conviction for DUI
In Florida, many criminal convictions can be expunged from an offender’s public records, but DUI is not one of them. Once a Florida driver suffers a DUI conviction, that public record of their conviction is there for keeps. Not only will friends and relatives be able to see it, but so too will
strangers, neighbors, potential employers, landlords, bankers, and insurance brokers.
Loss of Employment Opportunities
Hiring: Unlike many other states, Florida did not adopt the “Ban the Box” law which would forbid employers from asking about an applicant’s prior criminal record until after they extended an offer of employment to the candidate.
Florida employers are free to ask at the beginning of an interview or in the initial application if a job applicant has ever been convicted of a crime. Even if Ban the Box were the law in Florida, the conviction is ultimately disclosed anyway, usually persuading the employer to withdraw the job offer.
Promotions: DUI convictions can also have a huge impact on the lives of workers who have been employed with the same company for years. Advancement into higher-paying positions of responsibility typically depends on the degree of confidence the boss has in the candidate’s character. A DUI conviction does not reflect well on an offender’s judgment and hints that a persistent substance use disorder might be involved. Selecting a person with a DUI conviction for a position of heightened responsibility is a risk most bosses might not take.
Excluded from certain jobs: Job applicants with criminal convictions may be excluded from certain types of employment or meet special obstacles getting hired, including those involved with children, commercial trucking, jobs in banking or finance, law enforcement roles, jobs involving national security, some roles in healthcare, pharmacy, law, or security work.
Housing
Criminal convictions disclosed on a rental application or discovered by a landlord can legally permit the offender to be denied access to the apartment rental. Part of a landlord’s decision-making process includes a tenant’s reliability to pay rent on time. However unfair it may seem, a DUI conviction can result in difficulty finding favorable housing.
Bank Loans, Mortgages, and Credit Denial
Lenders use many factors to assess the creditworthiness of loan and credit applicants. Criminal convictions play a big role in that process because a person who breaks the law is thought to be a poor credit risk.
Professional Licenses
Although a single DUI conviction may not prevent someone from obtaining a professional license once time has passed, getting a professional license with a DUI conviction can be problematic. Medical doctors, nurses, and other healthcare professionals are trusted with the care of others and are often called upon to perform procedures requiring great dexterity and sound judgment. DUI convictions call into question whether the person applying to practice professionally is trustworthy or whether they may have a persistent substance use disorder.
Immigration Consequences, Denials of Visa Extensions, and Travel Restrictions
Unnaturalized residents of the US holding a visa or seeking citizenship can be thwarted by a DUI conviction, suffering denial of visa renewal, or rejection from naturalization. In serious cases of DUI in which enhanced penalties are imposed, or felony charges are brought, formal removal (deportation) proceedings can be filed by the federal immigration authorities.
Family Life Disruptions
Beyond the embarrassment and humiliation, family members suffer after a DUI conviction, the daily life of parents can be turned upside down. Routines for driving the kids to school, after-school activities, weekend soccer, little league, dance, or play dates are impossible to maintain without a driver’s license.
Family members, including teenage and adult children, can see their parent’s DUI conviction in the public record, plainly labeling their mom or dad as a drunk driver. And relatives who learn of the conviction can lose respect or trust for the DUI driver.
Learn More > Can a DUI Affect My Job Application in Florida?
Tampa DUI Charges
If you are facing a DUI charge in the Tampa – St. Petersburg area, call Stechschulte Nell, Attorneys at Law, for experienced DUI Legal Defense. We are on your side and strive to mitigate the charges you face. Call 813-280-1244 today.
