';

Under Florida law, Driving Under the Influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one offense, proved by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

The 10 Day Rule

A driver’s license will automatically be suspended if the driver suspected of DUI refuses to take the breath or blood test. After being arrested for drunk driving, you only have 10 days to request a DMV hearing to challenge the suspension of your driver’s license. This is an action completely separate from the criminal case, which is addressed in criminal court.

Imprisonment

At the court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward the term of imprisonment.

First conviction:

    • Imprisonment for not more than six months.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than nine months.

Second conviction:

      • Imprisonment for not more than nine months.
      • If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than 12 months.
      • If second conviction was within five years of a prior conviction, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

Third conviction:

    • If third conviction is within 10 years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive.
    • If third conviction is more than 10 years of a prior conviction, imprisonment for not more than 12 months.

Fourth or subsequent conviction:

    • Imprisonment for not more than five years, or as provided in section 084, Florida Statutes, if habitual/violent offender.

Driver License Revocation Periods for DUI

  • First offense without bodily injury: Minimum 180 days revocation, maximum one year.
  • First offense with bodily injury: Minimum three years revocation.
  • Second offense within five years from prior conviction: Minimum five years revocation. May be eligible for hardship reinstatement after one year.
  • Second offense five or more years after first conviction, the same revocation periods as first offense apply.
  • Third offense within 10 years of the second conviction: Minimum 10 years revocation. May be eligible for a hardship reinstatement after two years.
  • Third offense 10 or more years after the second conviction, the same revocation periods as first offense apply.
  • Fourth conviction, regardless of when prior convictions occurred: Mandatory permanent revocation. May be eligible for hardship reinstatement after five years. If incarcerated, the revocation period begins upon date of release from incarceration.
  • DUI manslaughter: Mandatory permanent revocation. May be eligible for hardship reinstatement after five years, if there are no prior DUI related convictions.
  • Manslaughter, DUI serious bodily injury or vehicular homicide convictions: Minimum three years revocation. DUI serious bodily injury having prior DUI conviction is the same as second – fourth bullet above.
logo