What Happens When You Get a DUI in Florida: From Arrest to Resolution

If you’re arrested for Driving Under the Influence (DUI) in Florida, it’s important to educate and prepare yourself for the potential consequences. The results of a DUI can vary depending on the seriousness of the infraction, how many convictions you have, and other determining factors.

Ultimately, each DUI scenario is unique and so are their consequences.

In this guide, we’re unpacking what happens when you get a DUI in Florida. From the moment of arrest to the legal ramifications, we’ll cover everything you should know following a DUI incident.

What Happens Right After a DUI in Florida?

If you’re pulled over in Florida for driving with “impaired faculties” or a blood or breath alcohol level of .08 or above, you can be charged with a DUI.¹ The severity of the consequences is based on:

• How many previous convictions you have
• How high your Blood Alcohol Level (BAL) is
• Whether or not anyone was injured in the incident

For first time DUI infractions, the outcome of a DUI may be less serious than for those who have received previous convictions.

Will I Go To Jail For My First DUI in Florida?

It is possible to receive jail time for your first DUI conviction in Florida—the decision to incarcerate someone convicted of a DUI is up to the discretion of the courts. They can sentence someone to¹:

• Up to six months for a BAL below 0.15 with no minors present in the vehicle
• Up to nine months for a BAL above 0.15 or if a minor is in the vehicle

Sentences may be served in an alcohol or drug abuse treatment, state prison, or mix of the two.

Imprisonment, however, isn’t necessarily certain following your first DUI conviction. There are several other forms of punishment that the state may assign depending on the specifics of your case.

What Happens If I Get a DUI in Florida?

Besides jail time, there are several other potential repercussions for a DUI case under Florida law. Even one DUI charge can result in a myriad of legal ramifications, and you may be subject to any or all of them:

• Fines – Fines range depending on the severity of the conviction. For drivers with a BAL below 0.15 and no minors in the vehicle, they’ll run between $500-$2,000. With a BAL above 0.15 or a minor in the vehicle, courts can charge drivers anywhere between $2,000 to $4,000.¹
• Community service – First convictions result in a required 50 hours of community service. Alternatively, you may be eligible to pay $10 per assigned hour of community service.¹
• Probation – Courts will decide the lengths and terms of probation sentences. The total length, combined with any prison time, will total no more than one year.¹
• License revocation – Upon a Florida DUI conviction, you’ll immediately have your license revoked—regardless of your number of previous infractions. The license suspension range for convictions without bodily injury ranges from 180 days to one year. For a DUI accident that causes bodily harm, the minimum license suspension length is three years.²
• Vehicle impoundment or immobilization – First convictions will result in motor vehicle owners having their cars impounded (or alternatively, immobilized) for a period of ten days. This may be averted in cases where the owner’s family doesn’t have access to an alternative mode of transportation.²
• Temporary holding – Following a DUI arrest and the seizure of a motor vehicle, the police can hold a suspect for up to eight hours, until their BAL drops below .05, or their normal mental faculties are restored. These conditions are consistent regardless of how many convictions one has.²
• Substance and alcohol use education – Courts may choose to sentence convicted individuals to alcohol or drug treatment programs. Furthermore, completing DUI school is mandatory for drivers who hope to have their license reinstated.²
• Ignition Interlock installation – Florida courts have the power to mandate installing an Ignition Interlock Device (IID) on your vehicle following your first DUI conviction. Such devices require drivers to provide a clean breath sample before starting their engines. For those with a BAL below .15, installing an IID is up to the judge’s discretion. For those with higher BALs, however, they’re mandatory for a period of at least six months.³

The state of Florida can enact these consequences following a first time DUI conviction. For repeat infractions, repercussions are similar but can compound to become increasingly serious.

What Are The Consequences of Repeat DUI Convictions in Florida?

If an individual is convicted of multiple DUIs over a relatively short period, Florida courts will increase the punishments and ramifications they face. Penalties such as fines, jail time, and suspension are still prevalent, but more convictions mean they increase in severity.

What Are The Repercussions of My Second DUI in Florida?

For those who’ve been convicted of a second DUI in Florida, the consequences can be drastically more severe than those for first-time convictions. Individuals who receive a second DUI may face²:

• Imprisonment – Courts can assign prison sentences up to nine months in length for your second DUI. For drivers with a BAL above .15 or those with minors in the vehicle, this can be extended up to one year. This period can include residential substance and alcohol education programs and jail time. Furthermore, if your second conviction is within five years of your first, you’ll face a minimum mandatory jail sentence of 10 days.²
• Fines – $1,000 to $2,000 is the minimum range for second convictions. For BALs above .15 or for drivers with minors present, this range doubles.
• Vehicle impoundment and immobilization – Your vehicle will be impounded or immobilized for 30 days following a second DUI—unless it’s the only one in your family.
• License revocation – For a second DUI occurring within five years of a first conviction, Florida revokes licenses for a minimum of five years. You may, however, be eligible for reinstatement after one year if you meet certain hardship conditions.
• DUI school – DUI school is mandatory for license reinstatement for any second convictions within five years of a first.
• Ignition Interlock installation – Interlock Devices are mandatory for a period of one year following a second conviction. For a BAL above .15 or when minors are present in the vehicle, this period is extended to two years.³

What Happens After My Third DUI in Florida?

Is a DUI a felony in Florida? If you receive a third DUI conviction in Florida within ten years of your second, it’s considered a third-degree felony. The consequences can include:

• Imprisonment – For a third conviction within a decade of a second, individuals will be mandatorily sentenced to at least 30 days of incarceration. If more than 10 years have passed between incidents, the courts can sentence you to up to a year of jail time.²
• Fines – For third convictions—regardless of how much time has passed between incidents—fines can range from $2,000 to $5,000.²
• Vehicle impoundment and immobilization – Unless it’s your family’s only vehicle, your car will be impounded or immobilized for 90 days following a third conviction within ten years of a second DUI conviction.²
• License revocation – For third infractions within ten years of a second, licenses will be revoked for a minimum of ten years with the possibility for hardship reinstatement after two. If the third incident is more than a decade after the second DUI conviction, the revocation period is the same as that of a first-time conviction.²
• DUI school – DUI school is mandatory for anyone convicted of a third infraction that occurs within a decade of the second.²
• Ignition Interlock installation – You’ll be required to install an Ignition Interlock Device for a minimum of two years following your third DUI.³

What Are The Consequences of Getting Four DUIs in Florida?

After four DUIs, the state of Florida may consider an individual’s actions habitual. This provides the courts with more freedom and leeway when handing out sentences and can result in:

• Imprisonment – After four or more convictions, the state of Florida can imprison convicted parties for up to five years. If they’re ruled as habitual or violent, however, judges have the power to hand out even longer sentences.²
• Fines – $2,000 is the minimum fine for fourth convictions, and there’s no established cap on the maximum. For those with a BAL above .15 or with minors in the vehicle, this minimum shoots up to $4,000.²
• Vehicle impoundment and immobilization – All fourth and subsequent convictions carry the same impoundment and immobilization consequences as the third.²
• License revocation – If you’re convicted of a fourth DUI, your license will be permanently revoked. After five years, however, you may be eligible to apply for hardship reinstatement.²
• DUI school – Since most people convicted of four DUIS are ineligible for license reinstatement, they’re generally not required to attend DUI school. If they meet the conditions for hardship reinstatement, however, they will be required to attend before receiving their license.²
• Ignition Interlock installation – If, after four DUIs, an individual applies for and receives hardship reinstatement, they’ll be required to keep an Interlock Device installed in their vehicle for at least five years.³ Be sure to check the Ignition Interlock violation penalties in Florida.

Smart Start Can Help You Meet Florida’s Post-DUI Requirements

As noted, most types of DUI convictions in Florida require drivers to install an Ignition Interlock Device in their vehicles. If you want to start driving again following your license reinstatement, you’ll need to get one before getting behind the wheel.

Smart Start provides Florida Interlock services for drivers convicted of DUIs. From quick installation to reliable service and removal, we can help you meet the state’s mandated Interlock Device requirements.

Contact us to schedule your installation or reach out to learn more.

Sources:

1. State of Florida. DUI Information. https://www.stateofflorida.com/dui-information/
2. Florida Department of Highway Safety and Motor Vehicles. Florida DUI and Administrative Suspension Laws. https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/
3. Florida Department of Highway Safety and Motor Vehicles. Ignition Interlock Program. https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/ignition-interlock-program/