DUI Penalties in Florida

Proven Defense from Daytona Beach DUI Lawyers

If you or someone you love has been charged with driving under the influence (DUI), you face a number of penalties if convicted. Florida takes a tough stance on DUIs, and subjects convicted individuals to a number of short- and long-term penalties, all of which have the potential to threaten one’s personal and professional future.

When the stakes are high and there are serious penalties on the line, it becomes critical that you work with experienced DUI defense attorneys who have the skill, insight, and resources to effectively advocate on your behalf. At Hager & Schwartz, P.A., our Daytona Beach DUI lawyers draw from over 40 years of combined experience to help you pursue the best outcome possible in your case.

Why Choose Us?

  • Two Former Florida Prosecutors
  • Decades of Combined Experience
  • Proven Results in a Range of DUI Cases
  • Available Days, Nights, and Weekends

Our legal team makes our clients’ needs and concerns our top priorities. Learn how we may be able to help you when you call (386) 693-1637 for a free consultation.

Criminal Penalties

When charged for DUI, most people are concerned about the penalties handed down in criminal courts – and for good reason. Even a first time offense can pose considerable consequences, including:

  • Up to $1,000 in fines
  • Up to $2,000 in fines (with BAC over .15 or minor in the vehicle)
  • Community service (50 hours)
  • Probation
  • Up to 6 months imprisonment
  • Up to 9 months imprisonment (with BAC over .15 or minor in the vehicle)
  • Vehicle impoundment or immobilization

It is important to note that the unique facts and circumstances involved in a case will have an impact on the severity of penalties involved. For example, certain aggravating factors may resulted in elevated charges and penalties. Examples include:

  • Second DUI – Being convicted of a second DUI within 5 years of a first offense will result in enhanced penalties. This includes increased fines and terms of imprisonment.
  • Third DUI – A third DUI within 10 years results in very steep fines and a mandatory minimum jail sentence of at least 30 days. A third DUI within 10 years is a third degree felony and is punishable by up to 5 years in prison.
  • Fourth or Subsequent DUI – A fourth or subsequent DUI conviction can result in felony charges, with is the most serious offense a person can face. Four DUIs or more will subject you to thousands of dollars in fines, driver’s license revocation, and up to 5 years in a state prison. Per Florida law, you will also be labeled as a habitual / violent offender.
  • High BAC or Minor Passenger – In any DUI case, having an excessively high BAC level (above .15) or having a minor in the vehicle during an arrest is grounds for increased penalties. Individuals charged for DUI with either aggravating factor typically see increased fines and increased terms of imprisonment, regardless of whether it is their first offense or not.
  • Accidents & Injuries – DUIs resulting in accidents, injuries, or even death result in the most serious charges. Typically, these cases are prosecuted as felonies. DUI resulting in bodily injury, for example, is a third degree felony punishable by up to 5 years in prison and up to $5,000 in fines. DUI manslaughter is a second degree felony, and is punishable by up to 15 years in prison (or 30 years if a person also fled the scene). These cases demand the attention of qualified defense attorneys.

Driver’s License Penalties

In addition to penalties handed down in criminal court, motorists charged for DUI will also face repercussions to their driving privileges. Following an arrest, you have only 10 days to request an administrative hearing in order to protect your license from automatic suspension and challenge any administrative actions. These include:

  • First DUI – License revocation between 180 days and 1 year.
  • Second DUI – A second DUI within 5 years can result in a minimum license revocation of 5 years, with possible hardship license after 1 year. Other second DUI offenders face license revocations between 180 days and 1 year.
  • Third DUI – A third DUI within 10 years of a second conviction with result in a minimum driver’s license revocation of 10 years. After two years, motorists may be able to obtain a hardship license.
  • Fourth DUI – Regardless of when prior DUI convictions occurred, motorists who have four or more DUI convictions will have their driver’s licenses permanently revoked without the possibility of hardship reinstatement.
  • DUI with Injury – DUI resulting in injury will result in a minimum license revocation of 1 year.
  • DUI Manslaughter – DUI manslaughter will result in a mandatory permanent license revocation. However, if a driver has no prior DUI conviction on their record, they may be eligible for a hardship reinstatement after 5 years.

The Florida Department of Highway Safety and Motor Vehicles takes an exceedingly tough stance on drivers charged for DUI, especially when multiple offenses or aggravating circumstances are involved. Because license revocations can significantly impact your ability to meet the demands of daily life and find transportation to work, you need to take steps to protect your driving privileges by working with an experienced legal team.

Protect Yourself Against Serious Penalties!

Hager & Schwartz, P.A. is available around the clock to help local residents across South Florida as soon as possible after they have been charged for driving under the influence. Because we handle both criminal cases and driver’s license proceedings, you can be confident in placing your trust in attorneys who take a comprehensive approach to protecting you against the serious penalties you face. To discuss your case and how we can help, contact us for a FREE and confidential consultation.

former prosecutor

Testimonials

  • Hager & Schwartz, P.A. If you need help go see Brett!
  • Hager & Schwartz, P.A. Should you ever need a defense attorney, he is the person to contact.
  • Hager & Schwartz, P.A. I thoroughly recommend Brett Schwartz as a defense attorney.
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