DUI Court Penalties

Orlando DUI Court Penalties

The Orlando DUI court penalties for a Florida DUI (Driving Under the Influence) arrest are serious and far-reaching. If you have been arrested in Florida and charged with DUI, Contact our office immediately for a free initial case evaluation and visit our DUI Case Wins to view our firm’s success in defending DUI cases.

Florida DUI laws and their associated penalties change each year. Listed below are the current 2009 Florida DUI sentence and penalty outline. See below for a less detailed penalty/sentence chart for quick review.

1st DUI Conviction:

  • Adjudication of Guilt on your permanent criminal record
  • Fine amount not less than $500, or more than $100. With a Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or greater than $2,000.
  • Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
  • Supervised Probation period of 1 year.
  • Jail/incarceration up to 6 months; 9 months if Breath Test reading over .15%; 1 year if the DUI resulted in an accident or crash. At court’s discretion, jail/incarceration sentencing terms may be served in a residential alcoholism or drug abuse treatment program.
  • 10 day vehicle impoundment or immobilization
  • Financial Restitution if DUI involves an accident, property damage or personal injury
  • Driver license suspension/revocation for up to 1 year
  • Attend and complete appropriate level DUI School along with any proscribed treatment based upon school evaluation.
  • Attend and complete the Victim Awareness program.

2nd DUI Conviction:

  • Adjudication of Guilt on your permanent criminal record
  • Fine amount not less than $1,000, and up to $2,000. With a Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $2,000, or greater than $4,000.
  • Discretionary 50 hours of community service or additional fine of $10 for each hour of community service required.
  • Supervised Probation period of 1 year.
  • Jail/incarceration up to 9 months; 1 year if Breath Test reading over .15%; 1 year if the DUI resulted in a accident or crash. At court’s discretion, jail/incarceration sentencing terms may be served in a residential alcoholism or drug abuse treatment program.
  • 10 day vehicle impoundment or immobilization
  • Financial Restitution if DUI involves an accident, property damage or personal injury
  • Driver license suspension/revocation for up to 1 year
  • Attend and complete the advanced level DUI School (level II Counter Attack School) along with any proscribed treatment based upon school evaluation.
  • Attend and complete the Victim Awareness program.

2nd DUI Conviction within 5 years of a prior DUI:

  • Adjudication of Guilt on your permanent criminal record
  • Fine amount not less than $1,000, and up to $2,000. With a Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $2,000, or greater than $4,000.
  • Discretionary 50 hours of community service or additional fine of $10 for each hour of community service required.
  • Supervised Probation period of 1 year.
  • Jail/incarceration mandatory minimum 10 days and up to 9 months; 1 year if Breath Test reading over .15%; 1 year if the DUI resulted in an accident or crash. At court’s discretion, jail/incarceration sentencing terms may be served in a residential alcoholism or drug abuse treatment program.
  • 30 day vehicle impoundment or immobilization
  • Financial Restitution if DUI involves an accident, property damage or personal injury
  • 5 year Driver license suspension/revocation
  • Attend and complete the advanced level DUI School (level II Counter Attack School) along with any proscribed treatment based upon school evaluation.
  • Attend and complete the Victim Awareness program.

3rd DUI Conviction NOT within 10 years of a prior:

  • Adjudication of Guilt on your permanent criminal record
  • Fine amount not less than $2,000, and up to $4,000. With a Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $4,000.
  • Discretionary 50 hours of community service or additional fine of $10 for each hour of community service required.
  • Supervised Probation period of 1 year.
  • Jail/incarceration up to 1 year. Mandatory minimum 10 days and up to 1 year if breath test reading over .15% or minor in the vehicle; 1 year if the DUI resulted in a accident or crash. At court’s discretion, jail/incarceration sentencing terms may be served in a residential alcoholism or drug abuse treatment program.
  • 10 day vehicle impoundment or immobilization
  • Financial Restitution if DUI involves an accident, property damage or personal injury
  • Up to 1 year Driver license suspension/revocation
  • Attend and complete the advanced level DUI School (level II Counter Attack School) along with any proscribed treatment based upon school evaluation.
  • Attend and complete the Victim Awareness program.

3rd DUI Conviction within 10 years of a prior DUI:

  • Felony Conviction on your permanent criminal record
  • Fine amount not less than $2,000, and up to $5,000. With a Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $4,000.
  • Discretionary 50 hours of community service or additional fine of $10 for each hour of community service required.
  • Supervised Probation period of up to 5 years.
  • Jail/incarceration up to 5 year state prison. At court’s discretion, jail/incarceration sentencing terms may be served in a residential alcoholism or drug abuse treatment program.
  • 90 day Vehicle impoundment or immobilization
  • Financial Restitution if DUI involves an accident, property damage or personal injury
  • Lifetime Driver license suspension/revocation without the possibility of a hardship license
  • Attend and complete the advanced level DUI School (level II Counter Attack School) along with any proscribed treatment based upon school evaluation.
  • Attend and complete the Victim Awareness program.

4th DUI Conviction or more:

  • Felony Conviction on your permanent criminal record
  • Fine amount not less than $2,000, and up to $5,000. With a Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $4,000.
  • Discretionary 50 hours of community service or additional fine of $10 for each hour of community service required.
  • Supervised Probation period of up to 5 years.
  • Jail/incarceration up to 5 year state prison. At court’s discretion, jail/incarceration sentencing terms may be served in a residential alcoholism or drug abuse treatment program.
  • Vehicle impoundment or immobilization
  • Financial Restitution if DUI involves an accident, property damage or personal injury
  • Lifetime Driver license suspension/revocation without the possibility of a hardship license
  • Attend and complete the advanced level DUI School (level II Counter Attack School) along with any proscribed treatment based upon school evaluation.
  • Attend and complete the Victim Awareness program.

DUI cases should never be handled by general criminal practice attorneys. It takes years of DUI practice and specialized DUI training to properly represent the rights of a client arrested for DUI. Attorney N. Fleetwood Tilden is in his 15th year of criminal DUI practice and is a former Central Florida DUI Prosecutor and has handled over 1,000 criminal DUI cases.

If you have been arrested in Florida and charged with DUI, Contact our office immediately for a free initial case evaluation and visit our DUI Case Wins to view our firm’s success in defending DUI cases.