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The statutory penalties for Driving Under The Influence are set forth as follows:

1ST DUI – NO ACCIDENT OR INJURY

1. Monthly Reporting Probation for a term up to 1 year
2. DUI School and Any Recommended Substance Abuse Treatment
3. Court Costs
4. At least 50 Community Service Hours
5. A fine of not less than $500 or more than $1,000.
6. Imprisonment (county jail) for not more than 6 months, or up to 9 months if the driver’s blood or breath alcohol level is .15 or higher or if the DUI driver is accompanied by a minor (anyone under 18 years of age).
7. Vehicle Impoundment for a period of 10 days.

2ND DUI WITHIN 5 YEARS OF A PRIOR DUI CONVICTION – NO ACCIDENT OR INJURY

1. Monthly Reporting Probation for a term up to 1 year
2. DUI School and Any Recommended Substance Abuse Treatment
3. Court Costs
4. A fine of not less than $1,000 or more than $2,000 for a second conviction.
5. Imprisonment (county jail) for not less than 10 days and more than 9 months, or up to 12 months if the driver’s blood or breath alcohol level is .15 or higher, or if the DUI driver is accompanied by a minor (anyone under 18 years of age).
6. Mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device.
7. Vehicle Impoundment for a period of 30 days.

2ND DUI MORE THAN 5 YEARS AFTER A PRIOR CONVICTION – NO ACCIDENT OR INJURY

1. Monthly Reporting Probation for a term up to 1 year
2. DUI School and Any Recommended Substance Abuse Treatment
3. Court Costs
4. A fine of not less than $1,000 or more than $2,000.
5. Imprisonment (county jail) for not more than 9 months.
6. Mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device.

3RD DUI WITHIN 10 YEARS OF A PRIOR CONVICTION

Any person who is convicted of a third DUI, where the date of the offense is within 10 years of a prior DUI conviction, commits a felony of the third degree. If convicted, the minimum incarcerative penalty is 30 days imprisonment. The maximum penalty for a felony of the third degree is 5 years in state prison. (However, if the person was not represented by an attorney during the prosecution of any of the prior DUI charges used to enhance the present DUI charge to a felony, the present DUI charge may not be able to be punished as a felony.) In addition, mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device.

3RD DUI MORE THAN 10 YEARS AFTER A PRIOR CONVICTION – NO ACCIDENT OR INJURY

By a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device.

4TH DUI & BEYOND

Any person who is convicted of a fourth or subsequent DUI, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree. The maximum penalty for a felony of the third degree is 5 years in state prison. (However, if the person was not represented by an attorney during the prosecution of any of the prior DUI charges used to enhance the present DUI charge to a felony, the present DUI charge may not be able to be punished as a felony.)

DUI – CAUSING OR CONTRIBUTING TO CAUSING DAMAGE TO PROPERTY OR PERSON OF ANOTHER:

Any person who is driving under the influence and by operation of a vehicle causes or contributes to causing damage to the property or person of another commits a misdemeanor of the first degree, punishable by a maximum of 1 year incarceration.

DUI – CAUSING OR CONTRIBUTING TO CAUSING SERIOUS BODILY INJURY

Any person who is driving under the influence and by operation of a vehicle causes or contributes to causing serious bodily injury to another commits a felony of the third degree, punishable by a maximum of 5 years in state prison.

DUI MANSLAUGHTER:

Any person who is driving under the influence and by operation of a vehicle causes or contributes to the death of any human being commits a felony of the second degree, punishable by a maximum of 15 years state prison. However, if at the time of the crash, the person knew or should have known, that the crash occurred; and the person failed to give information and render aid as required by Florida Law, the person commits a felony of the first degree, punishable by a maximum of 30 years in state prison.