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DUI Penalties Attorney Fort Lauderdale

1. DUI DRIVING UNDER THE INFLUENCE — In all cases, there will be a conviction of the charge.

 

FINE MINIMUM (BAL under .20) MAXIMUM (BAL under .20) MINIMUM (BAL .20 or greater) MAXIMUM (BAL .20 or greater)
1st offense $250 $500 $500 $1,000
2nd offense $500 $1,000 $1,000 $2,000
3rd offense $1,000 $2,500 $2,000 $5,000
4th offense (felony) Up to $5,000 Up to $5,000 Up to $5,000 Up to $5,000

 

JAIL MINIMUM (BAL under .20) MAXIMUM (BAL under .20) MINIMUM (BAL .20 or greater) MAXIMUM (BAL .20 or greater)
1st offense 0 days 6 months 0 days 9 months
2nd offense not within 5 yrs. 0 days 9 months 0 days 12 months
2nd offense within 5 yrs. 10 days (48 hours consecutive) 9 months 10 days 12 months
3rd offense not within 10 yrs. 0 days 12 months 0 days 12 months
3rd offense within 10 yrs. 30 days 12 months 30 days 12 months
4th offense (felony) Up to 5 years in prison

 

DRIVER’S LICENSE ACTION MINIMUM MAXIMUM
1st offense 180 day revocation 1 year revocation
2nd offense not within 5 years 180 day revocation 1 year revocation
2nd offense within 5 years 5 year revocation
3rd offense not within 10 years Same as 1st or 2nd offense as appropriate
3rd offense within 10 years 10 year revocation
4th offense (felony) Permanent revocation

OTHER ACTION

  • 1st offense — Minimum 50 hours of community service
  • All cases — Department approved driver training course or abuse education course

DUI CAUSING DAMAGE TO PERSON OR PROPERTY OF ANOTHER

  • 1st Degree Misdemeanor — Penalties as stated in paragraph 1 except 1st offense
  • Maximum fine: $1,000 — Maximum Jail: 1 year
  • Driver’s License Action — Minimum 3 years suspension or as stated above

2. THE FOLLOWING OFFENSES HAVE THE SAME MINIMUM AND MAXIMUM PENALTIES:

  • Failure to obey order of police officer directing traffic or fire department officer at scene of a fire
  • Failure to sign citation (traffic ticket)
  • Leaving the scene of accident with vehicle or property damage
  • Making a false accident report
  • Driving while license suspended, revoked or cancelled (1st offense provided revocation is not a habitual offender)
  • Driving with no valid driver’s license (unless expired within previous four months, in which case it is a non-moving infraction)
  • Unlawful use of driver’s license
  • Permitting unauthorized operation to driver vehicle
  • All license tag offenses on individual car owners
  • Assault
  • Disorderly conduct
  • Disorderly intoxication
  • Petty theft (1st offense)

CONVICTION: Court may withhold adjudication and place defendant on probation or may convict
FINE: $0 to $500
JAIL: ) 0 days to 60 days

3. THE FOLLOWING OFFENSES HAVE THE SAME MINIMUM AND MAXIMUM PENALTIES:

  • Fleeing or attempting to elude a police officer
  • Driving while license suspended, revoked or cancelled (2nd offense or as a habitual offender) (3rd offense is 3rd-degree felony — $5,000 fine 5 yrs. F.S.P. or both maximum penalty) Eff. 10/1/95
  • Resisting/obstructing arrest
  • Battery
  • Petty theft (2nd offense)

CONVICTION: Court may withhold adjudication and place defendant on probation or may convict
FINE: $0 to $1,000
JAIL: 0 days to 1 year

4. WILLFUL AND WANTON RECKLESS DRIVING

a. 1st offense:
CONVICTION: Court may withhold adjudication and place defendant on probation or may convict.
FINE: $25 to $500
JAIL: 0 days to 90 days

b. 2nd offense or more:
CONVICTION: Court may withhold adjudication and place defendant on probation or may convict.
FINE: $50 to $1,000
JAIL: 0 days to 6 months

5. CONVICTION OF ANY THREE OF THE FOLLOWING CRIMES WITHIN A FIVE-YEAR PERIOD WILL RESULT IN A FIVE-YEAR DRIVER’S LICENSE REVOCATION AS AN HABITUAL TRAFFIC OFFENDER:

  • Manslaughter resulting from the operation of a motor vehicle
  • Driving while under the influence of alcohol
  • Commission of any felony in which a motor vehicle is used
  • Driving while license suspended or revoked
  • Failing to stop and render aid (leaving the scene of an accident)

Contact Me For Criminal Defense

For legal representation in any criminal matter in Florida, please reach out to me online or call me toll-free at 954-533-2756.

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