Florida’s DUI laws change from time to time, so knowing exactly what the law says about drunk driving in 2023 is important for everyone on the road, whether they make the unfortunate choice to drive drunk or not. Here’s part 2 of what you need to know about Florida’s DUI laws in 2023.
Although the penalties for DUI are harsh, they get harsher in some cases. If you are found to have had a BAC of 0.15% or higher, or there was a minor passenger in the car at the time of the DUI, it becomes an aggravated DUI. The penalties there are as follows.
First Offense – Fine of between $1,000 and $2,000, and up to 9 months in jail, and the court shall assign an Ignition Interlock Device (IID) on the vehicle. Driver’s license may be suspended for between 180 days and one year.
Second Offense – Fine of between $2,000 and $4,000 and a jail sentence of up to 12 months. Driver’s license may be suspended for between 180 days and one year. IID for two years.
Third Offense not within 10 years – Fine of between $4,000 and $5,000 and up to 12 months in prison. Driver’s license may be suspended for between 180 days and one year. IID for two years.
Third Offense within 10 years – Fine of between $4,000 and $5,000, and imprisonment for up to 5 years. Driver’s license suspended for at least 10 years. IID for two years.
A DUI in Florida is generally penalized as a misdemeanor. But if certain criteria are met, the DUI will be punished as a felony, which means the likelihood of prison time. A felony DUI in Florida is
Two prior DUI convictions, one of which was within the previous two years
Three or more previous DUI convictions in any state
Causing serious bodily injury while driving drunk
Causing the death of another while driving drunk
In the case of causing serious injury while driving drunk, the charge is typically a third degree felony, punishable by up to five years in prison and a fine of up to $5,000. If the defendant is convicted of taking the life of another while driving drunk, the charge is that of DUI manslaughter, which is a second degree felony. A conviction of DUI manslaughter may lead to a prison sentence of up to 15 years and a fine of up to $10,000.
A conviction of DUI in Florida will follow you for the rest of your life. Although a DUI conviction drops off one’s criminal record in ten years, a Florida DUI will be on your criminal record for the next 75 years. In other words, a conviction of DUI in Florida today will stay on your record until almost the year 2100!
Unlike some states, a DUI conviction in Florida does not add points to your driver’s license. However, it does remain as violations or misdemeanors. And, should the DUI involve reckless driving, accidents, and serious injuries, you will receive four points on your driver’s license.