FLORIDA DUI SENTENCES & PENALTIES
In Tampa, Florida, the statutory minimums for a conviction of DUI are outlined in Florida Statutes 316.193. The sanctions imposed at the time the case is resolved will differ depending on whether it is a first offense, second or third.
DUI FIRST CONVICTION:
(1) Adjudication of Guilt;
(2) Fine amount not less than $500 or more than $1000;
(3) Imprisonment not to exceed 6 months (rarely is imposed on a first time offense);
(4) Ignition Interlock Device to be installed in the person’s vehicle for 6 months if the breath sample exceeds .15 or if there was a minor in the vehicle;
(5) Completion of DUI Level I School & any required Counseling;
(6) Probation not to exceed 12 months;
(7) Minimum of 50 hours of community service;
(8) 10 day vehicle impound.
SECOND DUI CONVICTION:
(1) Adjudication of guilt;
(2) Fine amount not less than $1000 or more than $2000;
(3) Ignition Interlock Device to be installed in the person’s vehicle for at least 1 year;
(4) Imprisonment for a minimum of 10 days if the second conviction is within 5 years of the first; but for no more than 9 months;
(5) Completion of DUI Level II School & any required counseling;
(6) 30 day vehicle impound;
(7) Probation for at least 12 months.
THIRD CONVICTION:
(1) Possible felony conviction if the offense occurs within 10 years after a second conviction;
(2) Ignition Interlock Device to be installed in the person’s vehicle for at least 2 years;
(3) Fine amount not less than $2000 or more than $5000;
(4) Imprisonment for a minimum of 30 days if the offense occurs within 10 years of the second; but no more than 12 months;
(5) 90 day vehicle impound;
(6) Probation for at least 24 months.
At first glance, the minimum sanctions imposed by the Court seem overbearing. The legislature designed the sanctions to deter any future DUI offenses and create a hardship on the defendant.
Many times, our lawyers are able to decrease these sanctions and lessen the ultimate burdens imposed on our clients. Through intense negotiations, we can request the state attorney and the court waive some requirements such as ;a ‘buy out’ of community service hours or automatic early term of probation. In other cases wehre jail is required, we can negotiate with the state attorney to provide for an alternative to jail, such as a enrollment in a residential treatment program, which we can present to the state attorney as a form of mitigation.
Essentially, we can make the result better than if you tried to resolve it on your own.
Arrested for a Tampa, Florida DUI? Contact our law offices immediately.
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