DUI Penalty Chart
DUI Penalty Chart in Pinellas County, FL
The prosecutors with the State Attorney’s Office for the Sixth Judicial Circuit in Pinellas County, FL, created a chart summarizing the penalties for a DUI conviction in that jurisdiction. As a general rule, the court will impose these minimum penalties at sentencing but can impose greater penalties up to the statutory maximum allowed under Florida law.
You can avoid these penalties if the prosecutor drops the charges or the judge dismisses the case. Getting the best result often requires filing all viable motions to suppress or exclude evidence or dismiss the case.
To speak with an attorney at Sammis Law Firm about your case, call 727-210-7004.
Chart of Mandatory Minimum DUI Penalties in Pinellas County, FL
(does not include serious bodily injury or manslaughter)
|
TYPE OF DUI CHARGE |
TOTAL AMOUNT OF FINES & COSTS | PROBATION PERIOD | DRIVER’S LICENSE REVOCATION PERIOD | JAIL TIME | VEHICLE IMPOUND | OTHER MANDATORY PENALTIES |
| 1st DUI BAC below .15 | $983.00 §316.193(2)(a) | 12 months §316.193(6)(a) | 6 months to 1 yr §322.28(2)(a)1 | Up to 6 months §316.193(2)(a)2.a | 10 days §316.193(6) (a-c) | DUI School, Evaluation & Treatment, 50 hrs Community Service |
| 1st DUI w/BAC .15 or higher or person less 18yoa in car | $1,518.00 §316.193(4)(a) | 12 months §316.193(6)(a) | 6 months to 1 yr §322.28(2)(a)1 | Up to 9 months §316.193(4)(b)1 | 10 days §316.193(6) (a-c) | DUI School, Evaluation & Treatment, 50 hrs Community Service, 6 months Ignition Interlock |
| 2nd DUI wi/in 5 yrs, BAC below .15 | $1,518.00 §316.193(2)(a) | 12 months §316.193(6)(a) | Mandatory 5 yrs §322.28(2)(a)2 | Mandatory 10 days §316.193(6)(b) Up to 9 months §316.193(2)(a)2.b | 30 days §316.193(6) (b) | Multiple Offender DUI School, Evaluation & Treatment, 1 yr Ignition Interlock |
| 2nd DUI w/in 5 yrs, w/BAC .15 or higher | $2,558.00 §316.193(4)(a) | 12 months §316.193(6)(a) | Mandatory 5 yrs §322.28(2)(a)2 | Mandatory 10 days §316.193(6)(b) Up to 9 months §316.193(2)(a)2.b | 30 days §316.193(6) (b) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 2nd DUI outside 5 yrs, BAC below .15 | $1,1518.00 §316.193(2)(a) | 12 months §316.193(6)(a) | 6 months to 1 yr §322.28(1) | Up to 9 months §316.193(2)(a)2.b | 10 days §316.193(6) (a-c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 1 yr Ignition Interlock |
| 2nd DUI outside 5 yr, BAC .15 or higher or person less 18yoa in car | $2,558.00 §316.193(4)(a) | 12 months §316.193(6)(a) | 6 months to 1 yr §322.28(1) | Up to 12 months §316.193(4)(b)2 | 10 days §316.193(6) (a-c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 3rd DUI w/in 10 yrs, BAC below .15 FELONY | $2,558.00 §316.193(2)(a) | Up to 60 months §775.082 | Mandatory 10 yrs §322.28(2)(a)3 | Mandatory 30days in PCJ §316.193(6)(c) Up to 5 yrs State Prison §316.193(2)(b) §775.082(3)(d) | 90 days §316.193(6) (c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 3rd DUI w/in 10 yrs, w/BAC .15 or higher FELONY | $4,558.00 §316.193(4)(a) | Up to 60 months §775.082 | Mandatory 10 yrs §322.28(2)(a)3 | Mandatory 30days in PCJ §316.193(6)(c) Up to 5 yrs State Prison §316.193(2)(b) §775.082(3)(d) | 90 days §316.193(6) (c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 3rd DUI outside 10 yrs, BAC below .15 | $2,558.00 §316.193(2)(a) | 12 months §316.193(6)(a) | 6 months to 1 yr §322.28(1) | Up to 12 months §316.193(2)(b)2 | 10 days §316.193(6) (a-c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 3rd DUI outside 10 yrs w/BAC .15 or higher | $4,558.00 §316.193(4)(a) | 12 months §316.193(6)(a) | 6 months to 1 yr §322.28(1) | Up to 12 months §316.193(2)(b)2 | 10 days §316.193(6) (a-c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 4th DUI w/in lifetime FELONY | $3,015.00 (BAC >.15) or $4,558.00 if BAC .15+) §316.193(2)(b) | Up to 60 months §316.193(6)(a) §775.082 | Permanent §322.28(2)(e) | Zero or mandatory 10 or 30 days, or up to 5 yrs in Prison depending on the age of prior DUI convictions §316.193(3) §775.082(3)(d) | 10, 30, or 90 days depending on the age of prior DUI convictions §316.193(6) (a-c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
Factors Considered at Sentencing for DUI Crimes
For a person accused of DUI, the defense attorney and prosecutor might discuss a “plea deal” in which the form of the sentence and penalties to be imposed are agreed to before the plea. In some cases, a person enters a plea “straight up” without the benefit of a negotiated plea deal.
For DUI cases, the maximum and minimum penalties depend on a variety of factors, including whether:
- the breath-alcohol content (BrAC) or blood-alcohol content (BAC) was over .15
- any minor child was a passenger in the vehicle
- a motor vehicle crash occurred with property damage or injuries to another person or property
- the driver refused to submit to a chemical test of the breath, blood, or urine after a prior refusal
- the driver has any prior DUI convictions, and if so, how much time has passed between those convictions, including:
- a first lifetime DUI conviction;
- a second DUI outside of five years from any prior conviction;
- a second DUI within five years from any prior conviction;
- a third DUI outside of ten years from any prior conviction;
- a third DUI within ten years from any prior conviction; or
- a fourth lifetime DUI conviction.
At sentencing, the court can consider additional factors when determining whether to impose a sentence greater than the statutory minimum.
In Pinellas County, FL, many first DUI cases with no aggravating factors are eligible for a reduction to reckless driving as part of the “DUI Rehabilitation of Offenders Program,” called “D.R.O.P.“
Additional Resources
Summary of Florida DUI Laws – Visit the National College of DUI Defense (NCDD) website to find a summary of DUI laws in Florida. Find rules on the degree of impairment required, the legal limit for a typical driver, under age 21 driver, and CDL holder, and implied consent laws.
Level One DUI School at Suncoast Safety Council – Visit Suncoast Safety Council’s website to learn more about how to register online for the Level 1 DUI Program if you live, work, or attend school in Pinellas County, FL. You might be required to complete the program even if your DUI occurred outside of Florida. The Level I DUI Program includes two days of classroom instruction (12 hours) and a one-hour face-to-face evaluation by a certified DUI Evaluator for drug and substance abuse. The program provides instruction on DUI problems for society and the individual, the consequences of alcohol and other drugs on driving, finding alternatives to impaired driving, and learning to self-assess substance abuse problems. You have only 90 days from enrollment to complete the program. The enrollment fee is $358.63, which includes the $1.50 Breath Test Fee, $3 Electronic Signature Fee, $5.00 Driver Risk Inventory, $7.00 Online Service Fee, $12.13 Service Fee, $15.00 Florida Lifetime Driving Record, and $315.00 Program Fee.
Attorneys Fighting DUI Penalties in Clearwater, FL
The attorneys at Sammis Law Firm focus on DUI Defense in Pinellas County, FL. Visit our office at 14010 Roosevelt Blvd, Suite 701, Clearwater, FL 33762-3820. We are near the CJC Courthouse, in the same office complex as the Clearwater Bureau of Administrative Reviews (BAR).
Whether your DUI case involves a breath test, blood test, urine test, or refusal to submit to a chemical test, we can help. We understand the best ways to avoid the punishments typically imposed for a first DUI or a second or subsequent offense.
Don’t face the judge alone. Contact our experienced criminal defense lawyers in Pinellas County, FL, for traffic crimes.
Call 727-210-7004.
This article was last updated on Friday, July 5, 2024.