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Driving Under the Influence (DUI)

Criminal Defense for Driving Under the Influence (DUI)

Coplan-Gardner & Gardner, PA, focuses on criminal defense services for clients. Our team has more than four decades of combined legal experience handling these complicated types of cases. If you are charged with Driving Under the Influence (DUI), this is a serious matter. Florida’s DUI penalties are among the toughest in the nation, and you deserve top-rated legal representation.

DUI Penalties

In Florida, the penalties for drunk driving and driving under the influence of drugs increases with the number of past convictions, as well as the length of time between any prior incidents.

There are many factors that can influence the court's punishment for a DUI conviction, including blood and breath alcohol tests, if the DUI involves any fatalities or injuries, any prior DUI convictions, if a minor was present at the time, if the vehicle contained open containers of alcohol and even any statements you make at the time of your arrest.

First Time Convictions

The penalties for a first time DUI conviction are as follows:

  • If your blood alcohol is 0.08 or higher, you will receive a fine between $500 to $1,000; if your blood alcohol content was greater than 0.15 or a minor was in the car at the time of the offense, the fine increases to $1,000 to $2,000
  • If your blood alcohol level was 0.08 or higher, you will be imprisoned at least eight hours up to six months; if the level was greater than 0.15 or a minor was in the car, maximum jail time is up to nine months.
  • Probation up to one year
  • Vehicle impounded for 10 days
  • Mandatory 50 hours of community service or the court may order payment of an additional fine, up to $10 per hour of community service
  • Driver’s license revoked between six months to one year

Second DUI Conviction

  • Fine between $1,000 to $2,000. If the blood alcohol level was 0.15 or more or a minor was present, the fine increases to $2,000 to $4,000
  • Imprisonment up to nine months and for levels over 0.15 or if the DUI results in an accident, jail time increases to one year; the court may permit jail time to be served in a drug abuse or alcohol treatment program
  • If the DUI conviction occurs within five years of a prior DUI conviction, mandatory imprisonment not fewer than 10 days
  • Six months to one year of probation
  • Maximum five-year revocation of driver’s license
  • Up to 30-day vehicle impound
  • Florida DUI school and alcohol treatment
  • Ignition interlock device
  • Criminal record will state Adjudication of Guilt
  • Financial restitution if the DUI causes an accident, personal injury or property damage

Third DUI Conviction

  • Fines between $2,000 to $5,000. If the blood alcohol level is 0.15 or a minor is in the vehicle, the minimum fine is $4,000
  • Up to five years of prison time. If the DUI occurs within 10 years of any previous DUI conviction the mandatory minimum jail time is 30 days
  • Up to 10 years driver’s license revocation
  • Up to 90-day vehicle impound
  • Florida DUI school and alcohol treatment
  • Ignition interlock device
  • Permanent felony conviction on criminal records if the third DUI is within 10 years of any previous DUI
  • Financial restitution if the DUI causes an accident, personal injury or property damage
  • Up to 50 hours of community service or a fee of $10 per hour of community service

Fourth (or More) DUI Conviction

  • Minimum fine of $2,000 to $5,000
  • Up to five years probation
  • Up to five years in a state prison
  • Driver’s license revoked for life or ignition interlock device
  • 90-day vehicle impound
  • Florida DUI school and alcohol treatment
  • A permanent felony conviction on your record
  • Financial restitution if the DUI causes an accident, personal injury or property damage
  • Up to 50 hours of community service or a fee of $10 per hour of community service

Underage Drinking

It is illegal for anyone under the age of 21 to consume alcohol in Florida. An underage driver that has a blood alcohol content of 0.02 percent or higher will be charged with a DUI since Florida is a Zero Tolerance state for underage drinking.

What to Do If Pulled Over for a DUI

If you get pulled over for a DUI, follow these steps to help ensure that our legal team can best represent your DUI case.

  1. Comply and get out of the car if the officer requests it.
  2. Never submit to a field sobriety test.
  3. Refuse the breathalyzer, but understand there are consequences, such as losing your license for up to 12 months with a first refusal and a second refusal, you will lose your license up to 18 months. This is, unfortunately, a catch-22, but you have been drinking, we recommend not submitting to any breath or chemical blood testing.
  4. Immediately request an attorney.

Top-Rated Criminal Defense DUI Firm

Coplan-Gardner & Gardner has years of experience handling DUI cases. Additionally, we offer military, police, first responders, firefighters and educators a discount and free consultation. If you are charged with a DUI, don’t hesitate to contact our office immediately to schedule an appointment.