Florida Criminal Penalties

APPLICABLE PENALTIES FOR DUI OFFENSES

FIRST OFFENSE (refusal or BAC < .15)
  • $500 - $1,000 fine
  • Mandatory misdemeanor conviction
  • 6 - 12 months probation
  • Applicable court costs
  • DUI school and recommended treatment
  • Community Service hours
  • Victim impact panel
  • 6 months driver's license suspension
  • Vehicle immobilization
  • Drug/Alcohol testing
  • 0 - 6 months jail

SECOND OFFENSE

  • $1,000 - $2,000 fine
  • Mandatory misdemeanor conviction
  • 6 - 12 months probation
  • Applicable court costs
  • Level 2 DUI school and recommended treatment
  • Community Service hours
  • Victim impact panel
  • 6 months - 5 years driver's license suspension (5 years minimum if within 5 years of prior offense)
  • Vehicle immobilization
  • Drug/Alcohol testing
  • 0 - 9 months jail (10 days minimum if within 5 years of prior offense)
  • 1 - 2 years ignition interlock device

THIRD OFFENSE (Outside of 10 Years of a Prior)

  • $2,000 - $5,000 fine
  • Mandatory misdemeanor conviction
  • 6 - 12 months probation
  • Applicable court costs
  • Level 2 DUI school and recommended treatment
  • Community Service hours
  • Victim impact panel
  • 6 months - 5 years driver's license suspension (5 years minimum if within 5 years of a prior offense)
  • Vehicle immobilization
  • Drug/Alcohol testing
  • 0 - 12 months jail
  • 2 years ignition interlock device

THIRD OFFENSE (Within 10 Years of a Prior)

  • $2,000 - $5,000 fine
  • Mandatory felony conviction
  • 0 - 5 years probation, in the discretion of the prosecutor or Court
  • Applicable court costs
  • Vehicle immobilization
  • 30 days - 5 years in County Jail or State Prison
  • 2 years ignition interlock device
  • 10 years - permanent driver's license revocation

FOURTH OR SUBSEQUENT OFFENSE

  • $2,000 - $5,000 FINE
  • Mandatory felony conviction
  • 0 - 5 years probation, in the discretion of the prosecutor or Court
  • Applicable court costs
  • 0 - 5 years in County Jail or State Prison
  • Mandatory permanent driver's license revocation

ADDITIONAL PENALTIES FOR ENHANCED DUI CASES

Enhanced Due to BAC of .15 or Above

  • $1,000 - $4,000 fine
  • 6 months ignition interlock device for first offense; 2 years for second offense
  • Increased conditions of probation in the discretion of the prosecutor or Court
  • 0 - 9 months jail for first offense; 0 - 12 months jail for second offense

Enhanced Due to Crash (First Offense)

  • $500 - $1,000 fine
  • Increased conditions of probation in the discretion of the prosecutor or Court
  • 0 - 12 months jail

Enhanced Due to Presence of Minor in the Vehicle

  • $1,000 - $4,000 fine
  • 6 months ignition interlock device for first offense; 2 years for second offense
  • Increased conditions of probation in the discretion of the prosecutor or Court
  • 0 - 9 months jail for first offense; 0 - 12 months jail for second offense

DUI Causing Serious Bodily Injury

  • $500 - $5,000 fine
  • Mandatory felony conviction
  • 0 - 5 years probation
  • 3 years permanent driver's license revocation
  • 0 - 5 years in County Jail or State Prison

DUI Causing Death of Another Person

  • Mandatory permanent driver's license revocation
  • 4 - 15 years mandatory state prison sentence
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Unlike many other allegations of criminal activity, Driving Under the Influence usually does not involve a conscious effort on the part of the driver to engage in criminal activity. Most criminal cases involve intent to hurt, steal, damage or destroy. Unlike so many other types of criminal cases, the typical person accused of DUI has no other criminal history and is otherwise a productive member of society. This aspect is what makes the allegation that much more devastating. Because the legislature has increasingly been imposing stricter penalties for the offense of DUI, coupled with the driver's license implications, it is imperative that you seek the representation of an experienced DUI attorney.

Both Brian and Douglas Leifert represented the State of Florida as DUI prosecutors in Broward and Palm Beach County Florida and have been representing individuals charged with DUI for a combined total of twenty four years. If you have been arrested for or charged with the crime of DUI, please contact us for a free consultation by calling 1-888-5-DEFEND (1-888-533-3363). We look forward to assisting you.

Client Reviews
  • Leifert & Leifert has always gone above and beyond. Brian and his staff are such a pleasure to work with. They are always willing to help and guide you in the right direction. I would highly recommend Leifert & Leifert.
    ★★★★★
  • Brian Leifert is an excellent criminal defense attorney, well experienced in criminal court cases such as DUI and drug possession as well as traffic cases. If you have a traffic ticket in Broward or Palm Beach County you just bring it to his office and they take care of it. They maintain excellent communication to let you know what is happening with your case. I refer anyone that needs his services and they are always happy.
    ★★★★★
  • Consulted with Doug on a speeding ticket which I really didn't deserve, in my opinion...
    Doug is great! He is professional, fair and follows through. He took care of my case quickly and thoroughly. I was at ease throughout the entire process. My case was dismissed, no points, no traffic school and his fee was very reasonable!
    ★★★★★
  • I received a ticket for a stop sign violation. I am a careful driver and had a perfect driving record until now. I hired Douglas Leifert and was thrilled that he got my case dismissed - no points, no traffic school, no fines. Would definitely hire again!
    ★★★★★
  • After consulting several attorneys, I hired Mr. Leifert to represent me on a complicated and potentially devastating case. I found Mr. Leifert and his staff to be experienced, accessible and willing to go the extra mile to accommodate my situation. Leifert & Leifert exceeded my expectations and I wholeheartedly recommend this firm.
    ★★★★★
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