DUI Penalties

Driving under the influence (DUI) is one of the most serious traffic related offenses. It is also one of the most complicated cases to defend. Since so many factors come into play every case is different.

As you can see below, the punishment for DUI increases dramatically depending upon prior convictions. Therefore, if you are charged with a DUI it is very important that you contact an experienced DUI attorney to help you fight the charges. Our attorney only handles DUI cases in Miami Dade County.

Fine Schedule s. 316.193(2)(a)-(b), F.S.

First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.

Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle:Not less than $1,000, or more than $2,000.

Our attorney only handles DUI cases in Miami Dade County.

Fine Schedule s. 316.193(2)(a)-(b), F.S.

First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.

Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle:Not less than $1,000, or more than $2,000.

Third Conviction: More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.

Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Community Service - s. 316.193 (6)(a), F.S.

First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Probation - s. 316.193 (5)(6), F.S.

First Conviction, total period of probation and incarceration may not exceed 1 year.

Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

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

First Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.

Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

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

Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statuettes, as habitual/violent offender.

Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.

Unless the family of the defendant has no other transportation:

First conviction: 10 days

Second conviction within 5 years: 30 days

Third conviction within 10 years: 90 days

Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

Click here to view the special rules that apply regarding your driving privileges if you are under 21.