DUI Misdemeanor Conviction

The Palm Beach and Broward County DUI defense attorneys at the Law Offices of Leifert & Leifert know that being involved in a DUI can and often does have a tremendous impact on one’s life. As dedicated criminal defense attorneys, we strive to mitigate the damage experienced by somebody charged with a crime in Palm Beach or Broward County—very often, we represent clients that are facing a misdemeanor charge of DUI.


These charges, from which our firm will work to shield you, are filed by prosecutors who employ strategies that we are familiar with. Our firm is comprised of former Palm Beach and Broward prosecutors, who know the ins and outs of prosecutorial strategy. Lawyers such as Douglas Leifert, Brian Leifert, and Robyn Weiss are uniquely prepared to fight a multitude of criminal charges that you might face in Palm Beach or Broward County. This is because the attorneys who would be representing you used to work on the other side; we know the tactics used by the prosecutors, and we can therefore craft an effective defense geared at protecting you.

As experienced DUI defense attorneys in Palm Beach and Broward County, we are firm believers that knowledge is power; thus, on this page, we are going to explain some of the criteria and punishments for a DUI misdemeanor conviction, as stipulated by s. 316.193 of the Florida State Statutes.

Someone who, while driving in a state that constitutes a DUI in the State of Florida, damages the property of another individual or causes personal injury to another individual will be guilty of a First Degree Misdemeanor. In such an instance, the person will be punishable as provided in s. 775.082. According to 775.082, a First Degree Misdemeanor is punishable by a definite prison sentence not exceeding 1 year. (In comparison, the punishment for a Second Degree Misdemeanor is a definite prison sentence not exceeding 60 days).

Florida Statute s. 775.083, however, adds another nuance to the punishment equation. This subsection allows for (in cases other than those of a capital offense) a fine to be imposed in addition to the penalty detailed in s. 775.082. Additionally, though, s. 775.083 also notes that, statutes permitting, someone convicted of a crime may be sentenced to pay a fine in lieu of serving prison time. For example, a First Degree Misdemeanor conviction stemming from a DUI can yield either a 1-year (maximum) prison sentence or a $1,000 fine, as specified by s. 775.083.

Below, we have outlined for you the mandatory minimum (and maximum) sentencing requirements for first, second and third DUI convictions.

DUI: First Offense
Jail Time: Minimum of 0 days, maximum of 180 days
Probation: Mandatory, and will typically range from 6 to 12 months
Driver’s License Revocation: Minimum of 6 months driver’s license revocation, with a maximum of up to 12 months
Fines: Minimum fine of $500, with a maximum fine of $1,000
Community Service: Minimum of 50 hours 
Vehicle Impound/Immobilization: Minimum 10 day vehicle impound or immobilization
Classes and Treatment: Required completion of DUI School and with substance abuse evaluation (and follow-up with recommended treatment)
(Note: a first offense DUI with a BAC above .15 typically entails jail time of up to 9 months, probation of 12 months, 6 to 12 months of driver’s license revocation, a fine of $1,000-$2,000, 50 hours of community service, 30 days of vehicle impound/immobilization, an ignition interlock of a mandatory minimum of 6 months, and classes and treatment including completion of a DUI Level I school and substance abuse evaluation and follow-up with recommended treatment.)

DUI: Second Offense (within five years of the first offense)
Jail Time: Minimum of 10 days, maximum of 9 months
Probation: Typically 12 months (mandatory)
Driver’s License Revocation: Minimum of 5 years, maximum of lifetime
Fines: Minimum fine of $1,000, maximum of $2,000
Community Service: Minimum of 50 hours
Vehicle Impound/Immobilization: Minimum 30-day vehicle impound or immobilization
Ignition Interlock: Mandatory minimum of 1 year
Classes and Treatment: Required completion of DUI Level II School and with substance abuse evaluation (and follow-up with recommended treatment)

DUI: Second Offense (outside of five years of first DUI conviction)
Jail Time: Minimum of 0 days, maximum of 9 months
Probation: Typically 12 months
Driver’s License Revocation: Minimum of 6 months, maximum of 12 months
Fines: Minimum fine of $1,000, maximum of $2,000
Community Service: Minimum of 50 hours
Vehicle Impound/Immobilization: Minimum 10-day vehicle impound or immobilization
Ignition Interlock: Mandatory minimum of 1 year
Classes and Treatment: Required completion of DUI Level II School and with substance abuse evaluation (and follow-up with recommended treatment)
(Note: a second offense with a BAC above .15 outside of five years of the first DUI typically entails jail time of up to one year, 12 months of probation (mandatory), driver’s license revocation of 6 to 12 months, a fine of $2,000 to $4,000, 50 hours (minimum) of community service, a minimum 10-day vehicle impound or immobilization, a mandatory minimum of two years of ignition interlock, and required completion of DUI Level II School and substance abuse evaluation and follow-up with recommended treatment.)

DUI: Third Offense (within 10 years of prior DUI conviction)
*This is a third-degree felony, not a misdemeanor
Jail Time: Minimum of 30 days, maximum of 5 years
Probation: Up to 5 years
Driver’s License Revocation: Minimum of 10 years, maximum of lifetime
Fines: Minimum fine of $2,000, maximum of $5,000
Community Service: Minimum of 50 hours
Vehicle Impound/Immobilization: Minimum 90-day vehicle impound or immobilization
Ignition Interlock: Mandatory minimum of 2 year
Classes and Treatment: Required
(Note: a third offense with a BAC above .15 within 10 years of the prior DUI conviction typically entails a jail sentence of 30 days to 5 years, probation of up to 5 years, driver’s license revocation of 10 years to lifetime, minimum of 50 hours of community service, vehicle impound/immobilization for a minimum of 90 days, ignition interlock for a mandatory minimum of 2 years, and required classes and treatment.)

DUI: Third Offense (outside of 10 years of prior DUI conviction)
Jail Time: Up to 1 year in jail
Probation: Up to 5 years
Driver’s License Revocation: Minimum of 6 months, maximum of lifetime
Fines: Minimum fine of $2,000, maximum of $5,000
Community Service: Minimum of 50 hours
Vehicle Impound/Immobilization: Minimum 10-day vehicle impound or immobilization
Ignition Interlock: Mandatory minimum of 2 year
Classes and Treatment: Required

If you have been arrested for DUI in Broward, Palm Beach or Miami-Dade County, please reach out to us immediately. The few days following your arrest are the most critical—these are the days during which out DUI defense attorneys can begin to orchestrate a defense and lobby on your behalf; it is during these days that we can make an effort to secure your rights, such as the right to drive. For a free consultation, please contact the Law Offices of Leifert & Leifert right away by calling 1-888-5-DEFEND (1-888-533-3363).

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