DUI Penalties if Convicted

Understanding BAC and state law

A blood alcohol concentration (BAC) level for someone under 21 is .02 percent. For those 21 and older, the BAC is .08 percent. And for commercial drivers, the level sits in the middle at .04 percent. To put this into liquor level perspectives, this Blood Alcohol Level Chart provides an idea of what would be considered an impaired driver versus a legally drunk driver, and a lot of it depends on the weight of the person drinking.

One drink is generally considered to be:

one 12 fl oz beer
one 5 fl oz glass of wine
one 1.5 fl oz shot of hard liquor

For a more detailed listing of alcohol content levels in beers, wines and hard liquors, Wine Folly breaks it down nicely.

For example, two guys go out for drinks. The 180-pound guy has a beer (0.05 percent alcohol). His friend, who is 200 pounds, decides to have the same drink. The smaller guy could be classified as an impaired driver while the heavier guy would be within his limit.

POSSIBLE PENALTIES

FIRST DUI Those convicted of the charge of DUI for the first time are faced with a number of possible penalties:

suspension of driver license for at least six months
fine of at least $500; up to $1,000
fifty (50) hours of community service
maximum six months in prison
probation of up to one year

MULTIPLE DUIs For second or more DUIs, the fines go up, as do the community service hours, probation and maximum prison sentences.

CONVICTION RATE | Treasure Coast

Here are last year’s DUI conviction numbers for all three counties:

Indian River County: 511 people were arrested for DUI. Those who were found guilty total 367. More than 28 percent (144) of those charged were not convicted of the charge of DUI.
St. Lucie County: 901 arrests were made for DUI. Of those, 255 were not convicted of the charges – totaling more than 28 percent.
Martin County: There were 810 DUI arrests; only 624 of those were found guilty of the charge. Twenty-two percent avoided conviction.

It’s very likely that those who were not convicted retained a skilled Fort Pierce DUI defense attorney with intimate knowledge of Florida’s DUI laws.

Watch Michael Ohle explain what you should do if you are faced with a DUI arrest . . .

What penalties am I facing if convicted of a DUI or Drug related crime?

Penalties can be severe . . . If you have been arrested for a DUI or Drug crime, we recommend to contact us immediately!

Penalties for Alcohol-related and Drug-related Violations
Violation (1)	Mandatory Fine (2)	Maximum Jail Term	Mandatory Driver License Action (3)
Aggravated Driving While Intoxicated (A-DWI)	$1,000 – $2,500	1 year	Revoked for at least one year
Second A-DWI in 10 years (E felony)(1)	$1,000 – $5,000	4 years	Revoked for at least 18-months (5)
Third A-DWI in 10 years (D felony)(1)	$2,000 – $10,000	7 years	Revoked for at least 18-months (4,5)

Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)	$500 – $1,000	1 year	DWI-Revoked for at least six months DWAI-Drugs – Suspended for at least six months
Second DWI/DWAI-Drug violation in 10 years (E felony)(1)	$1,000 – $5,000	4 years	Revoked for at least one year
Third DWI/DWAI-Drug violation in 10 years (D felony)(1)	$2,000 – $10,000	7 years	Revoked for at least one year (4)

Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)	$500 – $1,000	1 year	Revoked for at least six months
Second DWAI/Combination in 10 years (E felony)(1)	$1,000 – $5,000	4 years	Revoked for at least one year/18 months (5)
Third DWAI/Combination in 10 years (D felony)(1)	$2,000 – $10,000	7 years	Revoked for at least one year/18 months (4,5)

Driving While Ability Impaired by Alcohol (DWAI)	$300 – $500	15 days	Suspended for 90 days
Second DWAI violation in 5 years	$500 – $750	30 days	Revoked for at least six months

Zero Tolerance Law	$125 civil penalty and $100 fee to terminate suspension	None	Suspended for six months
Second Zero Tolerance Law	$125 civil penalty and $100 re-application fee	None	Revoked for one year or until age 21

Chemical Test Refusal	$500 civil penalty ($550 for commercial drivers)	None	Revoked for at least one year, 18 months for commercial drivers.
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal	$750 civil penalty	None	Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.
Chemical Test Refusal – Zero Tolerance Law	$300 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Chemical Test Refusal – Second or subsequent Zero Tolerance Law	$750 civil penalty and $50 re-application fee	None	Revoked for at least one year.

Driving Under the Influence – (Out-of-State)	N/A	N/A	Suspended for 6 months. If less than 21 years of age, revoked at least one year.
Driving Under the Influence – (Out-of State) with any previous alcohol-drug violation	N/A	N/A	Suspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term).

DUI Penalties

Understanding BAC and state law

POSSIBLE PENALTIES

CONVICTION RATE | Treasure Coast

What penalties am I facing if convicted of a DUI or Drug related crime?

Mike Ohle | Criminal & Clearing Records

Leanne Ohle | Divorce and Injury

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