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