Fine Schedule - s.316.193(2)(a)-(b), F.S. First Conviction: not less than $250, or more than $500.
With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: not less than $500, or more than $1000.
Second Conviction: not less than $500, or more than $1000.
With BAL of .20 or higher or minor in the vehicle: not less than $1000, or more than $2000.
Third Conviction in more than ten (10) years: not less than $1000, or more than $2500.
With BAL of .20 or higher or minor in the vehicle: not less than $2000.
Third Conviction within ten (10) years: not more than $5000.
With BAL of .20 or higher or minor in the vehicle: not less than $2000.
Fourth or Subsequent Conviction: not less than $1000.
With BAL of .20 or higher or minor in the vehicle: not less than $2000.
Probation - s.316.193 (5)(6), F.S.
First conviction, total period of probation and incarceration may not exceed one (1) year.
Community Service - s.316.193 (6)(a), F.S.
First Conviction: mandatory fifty (50) hours of community service or additional fine of $10 for each hour of community service required.
Imprisonment - s.316.193 (2)(a) 2, 4(b), (6)(j), F.S.
At Court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.
First Conviction: not more than six (6) months.
With BAL of .20 or higher or minor in the vehicle: not more than nine (9) months.
Second Conviction: not more than 9 months.
With BAL of .20 or higher or minor in the vehicle: not more than twelve (12) months.
If second conviction is within five (5) years, mandatory imprisonment of at least ten (10) days. At least forty-eight (48) hours of confinement must be consecutive.
Third Conviction: if third conviction within ten (10) years, mandatory imprisonment of at least thirty (30) days. At least forty-eight (48) hours of confinement must be consecutive.
If third conviction more than ten (10) years, imprisonment for not more than twelve (12) months.
Fourth or Subsequent Conviction: not more than five (5) years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.
Impoundment of Immobilization of Vehicle - s.316.193 (6), F.S. Unless the family of the defendant has no other transportation: First Conviction: 10 days Second Conviction within five (5) years: 30 days Third Conviction within ten (10) years: 90 days
Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.
Conditions for Release of Persons Arrested for DUI - s.316.193 (9), F.S. The person is no longer under the influence and; The person's normal faculties are no longer impaired The person's blood/alcohol level is lower than 0.05; or Eight hours have elapsed from the time the person was arrested.
Driving While License Suspended or Revoked - s.322.34, F.S.
Any person whose driver license/privilege is suspended for Diving with an Unlawful Alcohol Level, or revoked for DUI, DUI Manslaughter or Vehicular Homicide, or for an other offense ordered by the court and who causes death or serious bodily injury to another person by operating a motor vehicle in a careless or negligent manner is guilty of a 3rd degree felony, punishable by both imprisonment of not more than five (5) years, a fine not to exceed $5,000, or both.
