Florida’s driving under the influence offense can result in severe penalties. Even a first offense conviction can result in a six-month sentence, a driver’s license suspension of up one year, fines of up $500 and DUI school. Working with a lawyer to protect your legal rights as well as your driving privileges is the only way to get a lesser sentence or a reduced penalty.
Jenkins Law P.L. can help you through the criminal trial and in the hearing. Jenkins Law P.L. can assist you with every step of your criminal trial as well as the DMV hearing. Our Tampa DUI lawyers have over two decades of combined experience. Our attorneys have handled over 7,000 cases during our careers. This has allowed us to develop a results-oriented approach that has helped protect the accused in Hillsborough County. We are former prosecutors and know which strategies work against the state. Our strategies help reduce charges, dismiss cases, and get clients out of jail.
Florida’s Basic DUI Penalties
The penalties for DUI convictions will vary depending upon the circumstances and whether there are any aggravating factors, such as an accident or a high blood alcohol content. These are the basic penalties for DUI convictions in Florida.
First DUI Offense
- Potential jail time: 0-6 months
- Fines between $250 and $1,000
- Suspended driver’s licenses from 6 months to one year
- A probationary period of one year
- Vehicle impoundment for 10 days
- Ignition Interlock Device
- Service to the community
Second DUI Infraction (Within 5 years):
- Potential jail time: 10 days-9 months
- Fines starting at $500 to $2,000
- Suspension of driver’s license for at least 5 Years
- A probationary period of one year
- Vehicle impoundment for 30 days
- Interlock Device for Ignition
- Service to the community
- DUI School
Third DUI Infraction (Within 10 years):
- Potential prison time: 30 days to 5 years
- Fines starting at $1,000-$5,000
- Suspend your driver’s license for 10 years
- Probationary period: 1-5 years
- Vehicle impoundment for 90 days
- Interlock Device for Ignition
- Service to the community
- DUI School
Fourth DUI Infraction (within 10 Years):
- Possible jail sentence: Up to 5 Years
- Fines starting at $1,000-$5,000
- Permanent suspension of driver’s license
- Probationary period: 1-5 years
- Service to the community
- DUI School
A common consequence of a DUI conviction is the ignition interlock system (IID). This is a device that stops a vehicle from operating until it passes a breath test. The machine requires periodic testing in order to keep it operational for the driver.
About the Ignition Interlock Device, (IID).
Some DUI penalties are intended to be punished. Some DUI penalties are intended to punish. Others are designed to prevent future offenses. The ignition interlock device (IID) is one of the penalties that can be used to reduce repeat offenders. It is a small, cell-phone-sized device that is installed in the car’s dashboard. Its purpose is to prevent drunk drivers from getting behind the wheel of a car.
This is done by requiring that every vehicle be started must pass a breath test. The threshold for BAL is 0.05 percent. If the breath sample falls below this threshold, then the vehicle will not start. The vehicle will not move if the breath sample has a blood alcohol content of more than 0.05 percent. To reduce the risk of drivers giving a friend a breath sample, there are several safeguards.
During driving, the device will perform several “rolling checks” at random intervals. There will not be any problems if a clean sample of blood is given. A sample with a high BAC will cause the device to set off an alarm. The car will have to be pulled over in a safe place and the engine turned off. If a sample contains too much BAC, it will be recorded and printed for the appropriate authorities to review and address accordingly.
To use this device, the driver must follow these steps:
- Install the IID in your vehicle by a certified installer
- You agree to have your BAC readings reported by law enforcement
- To read the BAL, blow into the mouthpiece attached to the device.
- You can drive their car and pull over periodically for BAC checks
RIDR Program & IIDs
You will need an IID installed in your car if you are a qualified participant in the Reducing Impaired Driving Recidivism program. This is 60 days after your arraignment. The time it takes to install the IID depends on how high you are in the RIDR program.
Depending upon the sanction level, a RIDR participant will need to install an IID into their vehicle for:
- Level 1: Three months following the plea
- Level 2: Nine months after the plea
- Level 3: Nine months after the plea
DUI Convictions and IIDs
Florida Statutes SS316.193 require ignition interlock devices to be installed in vehicles of DUI-convicted individuals. If ordered by the court, an ignition interlock device may be required for someone who has been convicted of a second-degree conviction. It will be required for at most six months if the BAC was more than 0.15 at the time the arrest was made or if the vehicle contained a minor.
It will be required for at most one year in cases of second DUI conviction. This is unless the BAC was more than 0.15 percent or there were minors in the vehicle. It will be required for at least two years in those cases. It will be required for at most two years for a third conviction. A hardship license is required for a fourth conviction or any subsequent one.
The department has selected Alcohol Countermeasure Systems Corp. as the IID vendor for Hillsborough County. This company works with Alcolock products. Important to remember is that an ignition interlock device cannot be installed in just one vehicle. It must be installed in every car owned, leased, or solely owned by the convicted. It can also be completely funded by the user.
What Is The Cost Of An IID?
According to the Florida Department of Highway Safety and Motor Vehicles, the defendant will have to pay the following:
- Interlock Fee – $12
- Installation – $75
- Monthly Monitoring / Calibration $72.50
- Refundable Deposit – $100 or Monthly Insurance Fee – $5
You may be able to afford the device if you have financial difficulties.
Tampa DUI Penalties Can Be Avoided
In the face of DUI charges in Tampa, Florida or anywhere else in Florida, it is important to contact an attorney. You have the right to legal representation. Even if it seems like the odds are against you, even if you believe you failed a field sobriety test or breath test, there is a possibility that you were wrongly tested or the device was defective. You have many defenses against DUI charges. A competent lawyer can help you to make these arguments and avoid the severe penalties that can come with it. There is always hope for you if you have a competent lawyer on your side.
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann has the best personal injury attorneys. She focuses on personal injury, car accidents, and bicyclist injury. The information on this site is not intended to and does not offer legal advice, legal recommendations or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.
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