DUI Penalties in Polk County, FL
Florida’s DUI statute sets out escalating penalties and punishments based on a variety of factors including the harm caused in a crash, the number of prior convictions, and other aggravating factors.
Subsection (1) of section 316.193 sets forth the elements of the basic DUI offense:
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
§ 316.193(1), Fla. Stat.
Subsections (2), (3), and (4) list varying penalties for certain aggravating conduct.
Attorney for DUI Penalties in Polk County, FL
If you were accused of DUI in Polk County, FL, contact an experienced DUI defense attorney at the Sammis Law Firm.
We represent clients in the courthouses in Lakeland, Winter Haven, and Bartow (the county seat). We understand how DUI arrests are made in those cities as well as Haines City, Lake Wales, Davenport, Auburndale, and Mulberry.
Whether you are accused of refusing the chemical test, or submitted to a breath, blood, or urine test, we can help.
Call 813-250-0500.
DUI Penalties Based on Aggravating Factors
Repeat violations of the DUI statute correspond with increased fines and increased terms of imprisonment. For example, Section 316.193(2)(a), F.S., provides for a $500-$1,000 fine and up to six months’ imprisonment for a first conviction and a $1,000-$2,000 fine and up to nine months’ imprisonment for a second conviction.
Other provisions increase the amount of fines and terms of imprisonment based on certain factors present during the DUI episode. For example, Section 316.193(4) provides for increased fines and terms of imprisonment if the person, while driving under the influence, had a blood-alcohol level or breath-alcohol level of 0.15 or higher, or was accompanied by a minor.
Florida’s DUI statute sets out graduated imprisonment sentences for:
- six months for a first offense;
- nine months for a second offense within (5) five years, a DUI with a high BAC of .15 or higher, or a child passenger;
- one year for a DUI with property damage;
- five years for a third DUI within 10 years, of a fourth or subsequent lifetime DUI, or a DUI with serious bodily injury;
- fifteen years for DUI manslaughter;
- thirty years for DUI manslaughter involving leaving the scene of the crash.
Florida’s DUI statute provides for increased fines of:
- $500-$1000
- $1000-$2000
- $2000-$4000
- $4000 or more)
Other escalating penalties include restriction, suspension or revocation of driving privileges based upon the existence and establishment of certain aggravating conduct.
Section 316.193(3) contains several provisions detailing certain aggravating conduct with corresponding increases in punishment as the harm caused by the DUI driver increases for causing or contributing to causing:
- Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
- The death of any human being or unborn child commits DUI manslaughter, and commits:
- A felony of the second degree;
- A felony of the first degree if:
- At the time of the crash, the person knew, or should have known, that the crash occurred; and the person failed to give information and render aid as required by s. 316.062.
This article was last updated on Thursday, April 2, 2026.
