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ROGER P. FOLEY, P.A.

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NOTE:This represents the most current information, but it is subject to change at any time.

1st Offense
2nd Offense within 5 years of prior conviction
2nd Offense outside 5 years of prior conviction
3rd Offense within 10 years of prior conviction
3rd Offense outside 10 years of prior conviction
4th or Subsequent Conviction
Adjudication of Guilt (Conviction) Mandatory Mandatory Mandatory Mandatory Mandatory Mandatory
Jail 0-180 Days 10-270 Days 0-270 Days 30-364 Days 0-364 Days 0-364 Days
Jail (Enhanced)* 0-270 Days 10-364 Days 0-364 Days 30-364 Days 0-364 Days 0-364 Days
Fine $500-$1,000 $1,000-$2,000 $1,000-$2,000 $2,000-$5,000 $2,000-$5,000 $2,000 minimum
Fine (Enhanced)* $1,000-$2,000 $2,000-$4,000 $2,000-$4,000 $4,000 minimum $4,000 minimum $4,000 minimum
Monthly Reporting Probation Up to 12 Months Up to 12 Months Up to 12 Months Up to 12 Months Up to 12 Months Up to 12 Months
Driver's License/ Priviledge Suspension
(DUI Only)
6 Months-
Permanent Revocation
5 Years-
Permanent Revocation
6 Months-
Permanent Revocation
10 Years-
Permanent Revocation
6 Months-
Permanent Revocation
Permanent Revocation
Community Service Hours 50 Hours Not Mandatory Not Mandatory Not Mandatory Not Mandatory Not Mandatory
DUI Substance Abuse Course Mandatory Mandatory Mandatory Mandatory Mandatory Mandatory
Vehicle Immobilization for the vehicle the defendant was operating or a vehicle registered to the defendant 10 Days Minimum 30 Days Minimum 10 Days Minimum 90 Days Minimum 10 Days Minimum 90 Days Minimum
Interlock Device
for all vehicles individually or jointly leased or owned by the defendant and routinely operated by the defendant
Not Mandatory 1 Year Minimum 1 Year Minimum 2 Years Minimum 2 Years Minimum 2 Years Minimum
Interlock Device (Enhanced)*
for all vehicles individually or jointly leased or owned by the defendant and routinely operated by the defendant
6 Month Minimum 2 Years Minimum 2 Years Minimum 2 Years Minimum 2 Years Minimum 2 Years Minimum
[As of July 1, 2010:
5 Years Minimum]
* An offense is considered "Enhanced" above when the defendant is charged with having a breath or blood alcohol level of .15 or above for offenses committed on or after October 1, 2008, a breath or blood alcohol level of .20 or above for offenses committed prior to October 1, 2008, or being accompanied in the motor vehicle or vessel by a person under the age of 18 years old.
The above minimum fines apply to offenses that occured on or after July 1, 2008. For offenses that occurred prior to July 1, 2008, the fines are one half of those stated above.
If the offense charges causing damage to the person or property of another, the defendant commits a Misdemeanor of the First Degree, and can be sentenced from 0 to 1 year in jail, 0 to 12 months or probation, and up to a $1,000 fine.


Click here for the Florida Statute § 316.193.
Click here for a discussion about the Road Side Exercises.

* free consultation on criminal charges only
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