Under Florida DUI laws, the state of Florida typically does not impose jail time for the first offense in a DUI arrest, unless the conditions of your DUI violation are an added circumstance of another violation warranting arrest and incarceration. The judge in a Florida DUI case has absolute discretion in these instances, meaning they aren’t bound by any state statutes permitting only a certain amount of penalty for a certain type of crime. They can also decide to grant leniency on a defendant being sentenced if they feel the defendant’s circumstances warrant it. For example, they can grant house arrest in lieu of jail time even where a law mandates incarceration, or even order an inpatient drug or alcohol abuse treatment regimen.
What this means is that every individual case is judged by the specific circumstances that led to the defendant’s arrest. Your sentence is a direct reflection of the facts presented both for and against you, the absolute nature of the charges you face, the result of your plea or preliminary hearing, and any other factors the judge deems relevant to the outcome of his decision.
Typical Penalties for Typical Circumstances
When the circumstances of a DUI case are considered to be “cut and dry” so to speak, meaning there aren’t any underlying circumstances that could result in an increase of penalty for your case, there are a set of guidelines for sentencing in both first and second offense DUI cases. These penalties often include:
First Offense
- A fine of 500-1,000 dollars
- Up to six months in jail
- Either a 180 day suspension or a 1 year revocation of driver’s license privileges
- 1 year of probation
- Alcohol or substance abuse counseling along with a psychological evaluation
- 50 hours of unpaid community service
- Impounding of defendant’s vehicle for 10 days
Second Offense (within 5 years or more of first offense)
- A fine of 1,000 to 2,000 dollars
- Jail time of up to 9 months
- Mandatory ignition interlock program for 1 year
- 1 year of driver license revocation
- 1 year of probation
- Alcohol or substance abuse counseling along with a psychological evaluation
- 50 hours of unpaid community service
- Impounding of defendant’s vehicle for 10 days
There are also multiplier penalties for second offenses that occur within a period of 5 years of the first, including a 5 year license revocation, and an extra 90 days added to the original 9 months of jail time.
Getting Help
As you can see, the penalties for a Florida DUI can be severe. As such, it is important to get the help of an experienced criminal attorney when you are accused of a DUI in Florida. Your lawyer can help you to mount a defense or arrange a plea so you get the best possible outcome under the Florida DUI laws.
