Go to navigation Go to content
Toll-Free: (800) 373-8000
Phone: (352) 373-8000
Meldon Law

Summary of the DUI conviction penalties in Gainesville, Alachua County and all of Florida

Jeffrey Meldon
Founder of the Meldon Law Firm

Below is a summary of the DMV and Criminal Penalties for a Driving Under the Influence (DUI)/ DWI conviction in Gainesville, Alachua County, and all of Florida as of July 2008.

For Blood Alcohol Level or Content between 0.08% and 0.15%
(grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath) and under the following conditions:  

  • no property damage done,
  • no personal injury to another,
  • no serious bodily injury or death of any human being or unborn child,
  • no minor passengers in the vehicle at the time of the arrest

 The conviction penalties are:

 For 1st Conviction:

  • Fines of at least $500 and no more than $1,000
  • Imprisonment up to 6 months
  • Probation of at least 1 year with monthly reporting
  • Completion of a substance abuse course conducted by a DUI program
  • 50 hours of public service or a community work project
  • Impounding of vehicle for 10 days, non concurrent with incarceration.
  • Driver's License revocation for minimum 180 days, maximum 1 year

 For 2nd Conviction:

  • Fines of at least $1,000 and no more than $2,000
  • Imprisonment for up to 9 months
  • Mandatory placement of an ignition interlock device for at least 1 year, at the convicted person's expense.
  • Probation of at least 1 year with monthly reporting
  • Completion of a substance abuse course conducted by a DUI program
  • 50 hours of public service or a community work project
  • Impounding of vehicle for 30 days that does not occur during incarceration
  • Imprisonment for at least 10 days (if occurred within 5 years of 1st conviction)
  • Driver's License revocation for a minimum of 5 years (if occurred within 5 years of 1st conviction)

Any person convicted of a 3rd DUI within 10 years of a prior conviction, commits a third degree felony and is punished accordingly.  Plus, 2 years of ignition interlock device (at the convicted person's expense), imprisonment for at least 30 days, maximum 5 years in prison, impoundment of vehicle for 90 days and minimum 10 years of driver's license revocation.

Any person convicted of a 3rd DUI violation that occurs more than 10 years of prior conviction will be fined not less than $2,000 and no more than $5,000 and imprisoned for not more than 12 months plus mandatory placement of an ignition interlock device for a period of at least 2 years at convicted person's expense.

For Blood Alcohol Content or Level over 0.15%, (grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath) or for having a person under the age of 18 years in the car at the time of the offense, the additional/increased DUI conviction penalties are:
For 1st conviction:
Fines of at least $1,000 and not more than $2,000
Imprisonment up to 9 months
Mandatory ignition interlock device at the expense of the convicted person for at least 6 continuous months

For 2nd Conviction:
Fines of at least $2,000 and not more than $4,000
Imprisonment up to 12 months
Mandatory ignition interlock device at the expense of the convicted person for at least 2 continuous years

Other situations:

DUI causing property damage or personal injury to another:

First degree misdemeanor and punished accordingly (not more than $1,000 fine or 1 year prison)

DUI causing serious bodily injury to another:

Third degree felony and punished accordingly (not more than $5,000 fine and/or 5 years imprisonment, at least 3 years of license revocation).

DUI causing death of a human being or an unborn child:

DUI manslaughter and felony of the first and second degree and punished accordingly (not more than $10,000 fine and/or 15 years imprisonment).

 

For more information:

Florida Department of Highway Safety and Motor Vehicles - DUI and Administrative Suspension Laws