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What If I’m Convicted for DUI?

Driving under the influence, or commonly referred to as DUI or DWI happens all too common nationwide. Too many fatalities occur each day that can easily be prevented. There is nothing sadder than to hear of lives taken by a DUI situation—especially young lives.

In the state of Florida, driving under influence of alcohol, drugs or any other intoxicating substances is a severe offense equivalent to traffic crime, misdemeanor or felony.

An individual is said to be under the influence of alcohol when he or she has a breath or blood alcohol content of more than 0.08 grams of alcohol.

What is the Punishment for DUI?

As a punishment, individuals who violate the driving while intoxicated (DWI) laws are supposed to be arrested and penalized under the DUI of Alcoholic Beverages or Controlled Substances Law (s. 316.193, F.S).


A Florida DWI or DUI conviction can mean a permanent criminal record, the loss of license, a fine, community service, vehicle immobilization, and perhaps even imprisonment.

Penalties vary depending on the number of times the individual was convicted under DUI. Second, third and fourth convictions can attract hefty penalties like bigger fines, longer jail terms and permanent license revocation.

Will I Get Probation?

It is possible for probation to be given for driving under influence (DUI) under Florida State Law s. 316.193 (5)(6), F.S. Normally, for the first conviction, the maximum period of incarceration and probation is one year. Imprisonment for DUI is possible.

For an initial conviction, the maximum jail term is generally 6 months, and up to 9 months if the blood alcohol levels (BAL) are above 0.20, or if a minor is in the vehicle.

For a second conviction, 9 months is usually the maximum term, but can be 1 year if the BAL goes above 0.20, or if a minor is in the vehicle.

If the second conviction occurs within five years, then a mandatory imprisonment of a minimum of 10 days is the usual punishment.

If the third conviction is within 10 years, the accused will be given a mandatory imprisonment of a minimum of 30 days. But if the third conviction happens more than 10 years after the previous conviction, then the accused person faces imprisonment up to a maximum term of 12 months.

The fourth or subsequent convictions attract a maximum imprisonment of five years or as stated in s.775.084, Florida Statutes.

Whether you are facing your first DUI charge or even your fourth, our Florida criminal lawyers know what you are up against and how to tackle every case aggressively.

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