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What Constitutes a DUI in Florida?

Under Florida law, you can be charged with a DUI if you are operating a vehicle and either:

  • Are impaired by drugs, alcohol, or both to the extent that your normal faculties are compromised, or
  • Have a blood or breath alcohol concentration of 0.08% or higher

There are specific thresholds for certain drivers as well:

  • Drivers under 21 can be charged with a DUI if their BAC is 0.02% or higher
  • Commercial vehicle drivers face DUI charges if their BAC reaches 0.04% or above

The Basics of Florida DUI Consequences

Florida drivers charged with DUI can face harsh consequences for first, second, third, and fourth offenses, as outlined in a Florida DUI penalty chart. The severity of these penalties depends on factors such as your blood alcohol level, whether passengers were in the vehicle and the severity of any injuries involved.

Potential penalties include the following:

  • Fines
  • Jail time
  • Vehicle impoundment
  • Monthly reporting
  • Community service
  • Installation of a breath alcohol ignition interlock device

Repeat offenses incur heightened penalties, including:

  • Extended jail time
  • Mandatory ignition interlock device installation
  • Heavier fines

At the O’Mara Law Group, our seasoned DUI attorneys will guide you through the complexities of a DUI case. Contact us to secure skilled, dedicated representation if you’ve been charged in Orlando or throughout Central Florida.

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Florida DUI Penalty Chart

Type of Offense Fines Jail Sentence Probation License Revocation Vehicle Impoundment Ignition Interlock Other Penalties
First Offense (BAC < 0.15) $500 – $1,000 Up to 6 months Up to 1 year 180 days – 1 year 10 days Not required (court’s discretion)
  • 50 hours of community service or $10/hour buyout
  • Substance abuse evaluation and treatment if ordered
  • DUI school
First Offense (BAC ≥ 0.15 or minor in vehicle) $1,000 – $2,000 Up to 9 months Up to 1 year 180 days – 1 year 10 days 6 months (mandatory)
  • 50 hours of community service
  • Substance abuse evaluation and treatment if ordered
  • DUI school
Second Offense (within 5 years of prior) $1,000 – $2,000 10 days – 9 months Up to 1 year Minimum 5 years 30 days 1 year minimum (court may extend)
  • Substance abuse evaluation and treatment if ordered
  • DUI school
Second Offense (within 5 years, BAC ≥ 0.15 or minor in vehicle) $2,000 – $4,000 10 days – 12 months Up to 1 year Minimum 5 years 30 days 1 year minimum (court may extend)
  • Substance abuse evaluation and treatment if ordered
  • DUI school
Second Offense (outside 5 years of prior) $1,000 – $2,000 Up to 9 months Up to 1 year 180 days – 1 year 10 days 1 year minimum (court may extend)
  • Substance abuse evaluation and treatment if ordered
  • DUI school
Second Offense (outside 5 years, BAC ≥ 0.15 or minor in vehicle) $2,000 – $4,000 Up to 12 months Up to 1 year 180 days – 1 year 10 days 1 year minimum (court may extend)
  • Substance abuse evaluation and treatment if ordered
  • DUI school
Third Offense (within 10 years of prior) $2,000 – $5,000 30 days – 12 months (could be charged as a felony) Up to 1 year Minimum 10 years 90 days 2 years minimum
  • Substance abuse evaluation and treatment if ordered
  • DUI school
Third Offense (within 10 years, BAC ≥ 0.15 or minor in vehicle) $4,000 – $5,000 30 days – 12 months (could be charged as a felony) Up to 1 year Minimum 10 years 90 days 2 years minimum
  • Substance abuse evaluation and treatment if ordered
  • DUI school
Fourth Offense or Greater $2,000 – $5,000 1 day – 5 years (third-degree felony) Up to 5 years Permanent revocation 90 days 5 years minimum
  • Substance abuse evaluation and treatment if ordered
  • DUI school
Fourth Offense or Greater (BAC ≥ 0.15 or minor in vehicle) $2,000 – $5,000 1 day – 5 years (third-degree felony) Up to 5 years Permanent revocation 90 days 5 years minimum
  • Substance abuse evaluation and treatment if ordered
  • DUI school

Keep the following in mind:

  • Penalties increase if someone is injured or killed or if other aggravating factors exist
  • Courts may impose additional conditions at their discretion, which can include longer ignition interlock requirements or stricter supervision
  • The listed fines and jail times are typical ranges; actual sentencing may vary significantly based on the specifics of each case

Additional DUI Costs and Key Considerations

Under Florida statutes, individuals convicted of DUI are subject to various administrative costs and penalties in addition to standard fines and jail sentences.

These include:

  • A surcharge equal to 5% of your Crime Compensation Trust Fund fines
  • A $225 or $60 assessment, depending on whether the offense is a felony or a misdemeanor
  • A court cost up to the amount of your fine to fund court-ordered drug abuse and alcohol programs
  • A $135 court cost to support the Brain and Spinal Cord Injury Program Trust Fund and Florida’s criminal lab systems
  • A $15 fee allocated to both the county clerk and the County Alcohol and Other Drug Abuse Trust Fund

Because your license will be suspended, you must also account for the cost of alternate transportation during that period.

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How a Florida DUI Lawyer Can Help

Facing DUI charges in Florida can lead to hefty fines, jail time, and long-lasting consequences. Beyond the immediate penalties, a DUI conviction can result in license revocation—and if you face a fourth offense, your license may be permanently revoked, forcing you to rely on others or public transportation for everyday activities.

How a Florida DUI Lawyer Can Help

An experienced attorney from O’Mara Law Group can make all the difference. We meticulously analyze your case, ensure timely paperwork filings, and provide robust representation in court to help prevent your DUI from derailing your life. Our dedicated team works to secure case dismissals, reduce probation periods, and restore your driving privileges whenever possible.

Dismissal Opportunities

Your case might be dismissed if the arresting officer did not follow proper guidelines. Under federal and state law, an officer is permitted to stop a vehicle only when they have:

  • Probable cause that you committed a crime
  • Reasonable suspicion that you were committing a traffic infraction

Reducing Probation

We can also work to shorten your probation term. For example, you may benefit from a significantly shorter probation period by negotiating a plea to a "wet reckless" charge—where DUI penalties are reduced to those for reckless driving.

If you’re facing DUI charges in Florida, the expertise at O’Mara Law Group is here to protect your rights and help mitigate the impact on your life.

Why Choose O'Mara Law Group as Your Florida DUI Lawyer?

O’Mara Law Group’s trusted DUI attorneys are dedicated to providing personalized legal support when facing a DUI charge in Florida. We start by thoroughly analyzing the event and assessing your unique needs to build a robust defense strategy tailored to your situation. Our team works diligently to request hearings with the Florida Highway Safety and Motor Vehicles Department to reinstate your license and help you regain mobility as quickly as possible.

Our experienced attorneys leave no stone unturned. We meticulously investigate the prosecutor’s case against you, locate and interview any witnesses who can support your defense, and ensure that all necessary paperwork is filed promptly and accurately. This proactive approach allows us to present compelling motions and create a strong case in your favor, reducing the impact of the DUI charge on your life.

At O’Mara Law Group, we are committed to standing by your side from start to finish. Whether through pretrial negotiations or full courtroom representation, our goal is to mitigate the consequences of a DUI offense and secure the best possible outcome for you. To learn more about your legal options, contact us today.

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