Cost Of A DUI In Florida

Summary:

A DUI conviction in Florida carries severe financial, legal, and personal consequences that extend far beyond the initial arrest. For individuals, costs quickly escalate with fines, court fees, license reinstatement, mandatory ignition interlock devices, and dramatic auto insurance increases. Employers face liability risks if employees drive company vehicles under the influence. Florida’s strict administrative and criminal penalties—including mandatory minimum jail time for high BAC levels or prior offenses—create complex legal challenges. Unique to Florida is the 10-day window to request a DMV hearing to contest license suspension, a critical step often missed without prompt legal action.

What This Means for You:

• Immediate Action: Request a formal review hearing with the Florida DMV within 10 days of arrest to prevent automatic license suspension (Florida Statute § 322.2615). Contact a DUI attorney immediately to preserve driving privileges and challenge evidence.
• Legal Risks: Convictions escalate from 2nd-degree misdemeanors (1st offense) to 3rd-degree felonies (3+ offenses or crashes causing injury). Penalties include up to 5 years in prison, 10-year license revocation, and mandatory ignition interlock for BAC ≥ 0.15% (Florida Statute § 316.193).
• Financial Impact: Expect $5,000–$20,000+ in total costs: fines ($500–$5,000), court fees ($1,000+), DUI school ($300), license reinstatement ($150–$500), 3-year insurance surcharges (100–300% increase), ignition interlock ($1,200/year), and towing/storage fees.
• Long-Term Strategy: Pursue record sealing/expungement if eligible, complete DUI diversion programs to avoid convictions, and file for hardship licenses early. Monitor FLHSMV records annually and maintain SR-22 insurance for 3 years post-conviction.

Explained: Cost Of A DUI In Florida:

Florida defines DUI under §316.193 as driving with a blood-alcohol content (BAC) ≥ 0.08% or while impaired by substances. Commercial drivers face DUI charges at ≥0.04%, and drivers under 21 at ≥0.02%. Unlike federal law, Florida prohibits plea bargaining DUI charges down to reckless driving in cases involving BAC ≥0.15% or accidents.

Prosecutors need not prove actual impairment with BAC evidence alone; erratic driving, failed field sobriety tests, or officer observations also establish probable cause. Refusing breath tests triggers automatic 1-year license suspension under Florida’s implied consent law (§322.2615).

Types of DUI Offenses in Florida:

Misdemeanor DUI: First and second offenses within 10 years are typically 2nd-degree misdemeanors unless aggravating factors exist (e.g., BAC ≥0.15%, minor in vehicle, school zone violations). Enhanced penalties include 9-month ignition interlock devices and mandatory alcohol evaluations.

Felony DUI: Third offense within 10 years, DUI with serious bodily injury, or DUI manslaughter (3rd-degree felony) escalate to 3rd-degree felonies, punishable by up to 5 years in prison. DUI manslaughter carries a mandatory 4-year sentence under §316.193(3).

Common Defences for DUI:

Challenging traffic stop legality: Florida requires reasonable suspicion for initial stops. If police lacked probable cause (e.g., improper lane change allegations), evidence may be suppressed. Refute breathalyzer accuracy by demanding maintenance records; Florida mandates 90-day calibrations under Rule 11D-8.012.

Medical or “rising BAC” defenses argue alcohol was metabolized after driving. Attack officer testimony by citing non-standardized field sobriety test administration or medical conditions (e.g., inner ear disorders) impacting balance.

Penalties and Consequences of DUI Offenses:

First offenses incur 6–12-month license revocation, 50 community service hours, and $500–$1,000 fines. Second offenses within five years bring 5-year revocation, 10-day vehicle immobilization, and $1,000–$2,000 fines. Third offenses within 10 years trigger 10-year revocation and 30-day vehicle impoundment.

Additional penalties include court-mandated DUI school ($330+), probation fees ($50/month), and victim restitution in crash cases. Collateral consequences include job loss (CDL holders), professional license suspensions (doctors, nurses), and ineligibility for federal student aid.

The DUI Legal Process in Florida:

After arrest, refusal to submit a breath test causes immediate license confiscation. A 10-day temporary permit is issued. The criminal process involves:

1. Arraignment: Enter plea (not guilty recommended to preserve defenses)
2. Pre-Trial Motions: File motions to suppress evidence or dismiss charges based on procedural errors
3. Discovery: Review dashcam footage, bodycam recordings, and breathalyzer logs
4. Plea Negotiations: Explore reduced charges (e.g., reckless driving) if admissible evidence is weak
5. Trial: Bench or jury trial for contested cases
6. Sentencing: Mandatory penalties imposed if convicted

Choosing a DUI Attorney:

Select board-certified criminal trial lawyers with Florida Bar recognition. Specialized attorneys understand regional nuances, like targeting breath test machine (Intoxilyzer 8000) calibration records in Palm Beach County courts. Prioritize firms offering flat-fee structures ($2,500–$10,000) over hourly billing and verify their success at DMV hearings—critical for license retention.

Other DUI Resources:

• Florida DMV DUI Suspension Guidelines
• Florida DUI Court Programs

People Also Ask:

1. Can I get a DUI in Florida with a BAC under 0.08%?

Yes. Under §316.193(1)(c), drivers can face DUI charges regardless of BAC if officers observe impaired driving (swerving, slurred speech). “Actual impairment” cases often rely on field sobriety tests or dashcam evidence.

2. How long does a DUI stay on your record in Florida?

DUI convictions are permanent under Florida law. Expungement is only possible if charges are dismissed or dropped. First-time offenders may qualify for diversion programs like Back on Track, avoiding convictions.

3. Will I go to jail for a first-time DUI in Florida?

Jail time isn’t mandatory for first DUIs without aggravators, but judges may impose up to 6 months. BAC ≥0.15% or minors in the vehicle trigger mandatory 9-month interlock devices under §316.193(6)(b).

4. What happens if I refuse a breath test in Florida?

Refusal results in 1-year license suspension (18 months for prior refusals) and is admissible in court. Prosecutors may argue consciousness of guilt, strengthening their case under §316.1932(1)(a).

5. Can a DUI be reduced to reckless driving in Florida?

Rarely. Florida prohibits plea reductions to “wet reckless” in high-BAC cases or crashes. Diversion programs are stricter than other states, requiring adjudication withheld (no conviction) offers instead.

Expert Opinion:

Underestimating a Florida DUI’s financial and legal ripple effects leads to irrevocable consequences. Securing counsel immediately maximizes opportunities to challenge license suspensions, suppress critical evidence pre-trial, and avoid felony enhancements that permanently alter employment and housing prospects. Proactive mitigation is essential—delaying action risks default license revocations and weakened defenses.

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