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dui charges


Section 316.193, Florida Statutes, provides guidelines for DUI's in Florida. To be convicted of DUI in Florida, the State of Florida must prove the person was driving or in actual physical control of a vehicle within the state, the person was under the influence of alcohol beverages, or controlled substances such that the person’s normal faculties are impaired, and the blood-alcohol or breath-alcohol level was 0.08 or more grams. This limit is lower for drivers of commercial vehicles (.04%) and for drivers under the age of 21, the limit is even lower (.02%).


The consequences of being charged with a DUI vary depending on whether it is your first, second, third, or fourth charge. Regardless of the number, though, the consequences are severe. For example, the first DUI charge usually results in:

  • Jail time up to six months for a first-time conviction in Florida 

  • Vehicles impounded

  • Fines not less than $500 or more than $1,000

  • Suspension of license

  • Community service

  • Completion of DUI school

For a second DUI jail time up to nine months may result. Fines range from $1,000 to $2,000. An ignition interlock is required for a minimum of one year. If your second DUI occurs within five years of the first, you will serve mandatory jail time. Your vehicle will be impounded and your license suspended. 

A third DUI in Florida within 10 years of a prior DUI is a third-degree felony, punishable accordingly. This includes a minimum of 30 days in jail, revocation of your driver's license for 10 years, and an ignition interlock device for two years. If the DUI occurred outside 10 years of a prior DUI, the DUI charge is a first-degree misdemeanor, includes fines between $1,000 and $2,500, and an ignition interlock device is required for a minimum of two years.

If you incur a fourth or more DUI charges, Florida Law classifies the offense as a third-degree felony. A fine cannot be less than $2,000. All other mandatory DUI penalties apply. In a fourth DUI circumstance, you will not be able to obtain a license for a period of 10 years or permanently, with no exception allowing for hardship reinstatement.

In all DUI scenarios described above, an enhancement of charges, penalties and fines can occur where there is an elevated BAC, a minor was present as a passenger in the vehicle, or where there was property damage or personal injury resulting in the circumstances.


When facing felony or misdemeanor charges, a good criminal defense attorney is crucial. Stan Peeler is highly knowledgeable regarding criminal defense with over 35 years of experience. You can retain our firm with confidence knowing your case will be handled with personal attention, integrity and professionalism. Call us at today 850-332-5555 or complete our online form here by providing us with the details of your legal needs. 



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