Florida law is very strict on DUI (driving under the influence) offenders who are arrested for a second, third, fourth, and multiple DUIs.
The state of Florida treats those convicted of the crime of DUI differently depending on the number of prior DUIs and the facts of the case. After July 1, 2009, penalties were enhanced if the driver’s blood or breath alcohol lev is .15% or over or if a minor was in the vehicle at the time of the offense. If you are convicted of a third DUI you can be charged with a 3rd degree felony. Below is a list of the DUI offenses in Florida and the penalties:
1st Offense Enhanced DUI (BAC Over .15%)
The penalties will be the same as if there was no enhancement, with the exception of those listed below:
1st DUI more than 5 years earlier:
1st DUI more than 5 years before (BAC Over .15%):
The penalties will be the same as if there was no enhancement, with the exception of those listed below
1st DUI within 5 years:
1st DUI within 5 years (BAC Over .15%):
The penalties will be the same as if there was no enhancement as above, with the exception of those listed below
1st offense having occurred more than 10 years prior
1st offense having occurred within 10 years prior
If a driver refused to take a breath, blood or urine test after being arrested for DUI in Florida, or if the results of the breath test were .08% blood-alcohol or above, the individual only has ten days to request a hearing in order to challenge the administrative suspension of his/her driver’s license. We can help you fight this administrative suspension. Call us immediately.
The Wiseman Law Firm will aggressively fight your Orlando DUI charge. We will challenge the traffic stop, the basis for your arrest and, if you submitted to a breath test, we will file motions to suppress and challenge the breath alcohol reading. Our goal is to get your charges dismissed or reduced.
Contact us now for a free consultation so we can begin putting our DUI defense experience to work for you.