In Florida, DUI or driving under influence of alcohol/drugs or other intoxication substances is a serious offense equivalent to misdemeanor or traffic crime or even felony. A person is said to be under the influence of alcohol if he/she has blood or breath alcohol content of more than 0.08 (grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath). Violators of DWI (driving while intoxicated) laws can be arrested and penalized under the Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances Law s. 316.193, F.S.
A Florida DUI or DWI conviction would mean a permanent criminal record, fine, community service, loss of license, vehicle immobilization, higher insurance rates and may be even imprisonment. Punishments would vary depending upon the number of times the person was convicted under DUI. 2nd, 3rd or 4th convictions attract bigger punishments like permanent disqualification from driving/permanent license revocation, bigger fines and longer jail terms.
Probation can also be given for DUI under Florida State Law s. 316.193 (5)(6), F.S. For a first conviction, the maximum period of probation and incarceration is 1 year. Imprisonment for DUI is mentioned under s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S. For a first conviction, the maximum jail term is 6 months. It is 9 months in case the BAL (blood alcohol levels) crosses 0.20 or if there is a minor in the vehicle. For a second conviction, the maximum term is 9 months. It is 1 year if the BAL (blood alcohol levels) crosses 0.20 or if there is a minor in the vehicle. If the second conviction is within 5 years, there would be a mandatory imprisonment of a minimum of 10 days.
If the third conviction occurs within 10 years, mandatory imprisonment is given for a minimum of 30 days. If the third conviction occurs more than 10 years after the prior conviction, the maximum imprisonment is for 12 months. Fourth or subsequent convictions attract a maximum imprisonment of 5 years or as provided in s.775.084, Florida Statutes.
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