Florida Criminal & DUI Penalties
WILSON
LAW FIRM, P.L.
Attorney at Law
W
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Wilson Law Firm, P.L.
232 Hillcrest Street, Orlando, FL 32801
Tel: (407) 648-5255
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Orange County Florida Criminal Attorney & Winter Park DUI Lawyer - The hiring of an attorney is an important decision which should not be based solely on
advertisements.  The information presented at this site is not legal advice, and does not create an attorney-client relationship.  This site is designed to provide only
general information.  The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation.  Contact the Wilson Law
Firm to speak with an Orlando criminal defense lawyer and Seminole County Florida DUI attorney today.  The Wilson Law Firm, P.L. © 2010  
Orange County Criminal Lawyer & Orlando Florida DUI Attorney:
The penalties a Defendant faces for a criminal charge include jail, probation,
fines, community service, court ordered programs, and having a conviction on
their record.   In addition to these criminal penalties, there are many other
negative consequences that may affect the defendant, such as:

1)  Termination or Denial of employment.
2)  Loss or Denial of professional licenses.
3)  Suspension or expulsion from school
4)  Loss of grants or scholarships
5)  Loss of civil rights, including the right to vote
6)  Loss of right to possess firearms
7)  Administrative drivers license suspension
8)  Deportation or denial of citizenship
9)  Loss of reputation in your community

If you have been arrested for a criminal offense, speak with an Experienced Criminal Defense Lawyer at your earliest
opportunity to learn about your rights and the defenses that may be available.  In many cases, a properly prepared
defense will result in either reduced penalties, reduced charges, or a dismissal of the case.  Even in criminal cases
where the evidence of guilt is overwhelming, a proper defense and presentation of mitigating circumstances can
result in significant decreases in penalties the defendant receives.  

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation  

Please note that the penalties below apply to most misdemeanor and felony offenses, however, certain crimes such
as Reckless Driving and Drug trafficking have additional penalties or mandatory minimum sentences imposed by
statute.  Also some individuals may face significantly higher penalties due to their prior criminal record.   Please
review the Florida Statutes provided on the bottom of this page for additional information on Criminal Penalties.

Penalties for Second Degree Misdemeanor:  Usually up to 60 days in the County Jail or 6 months of
Probation or a combination thereof, Up to a $500 fine, Community Service Hours, Court imposed Programs and
Court Costs.

Penalties for First Degree Misdemeanor:  Usually up to 1 year in the County Jail or up to 12 months of
Probation or a combination thereof, Up to a $1,000 fine, Community Service Hours, Court imposed Programs and
Court Costs.

Penalties for Third Degree Felony:  Usually up to 5 years in State Prison or up to 5 years of Probation or a
combination thereof, Up to a $5,000 fine, Community Service Hours, Court imposed Programs and Court Costs.

Penalties for Second Degree Felony:  Usually up to 15 years in State Prison or up to 15 years of Probation
or a combination thereof, Up to a $10,000 fine, Community Service Hours, Court imposed Programs and Court Costs.

Penalties for First Degree Felony:  Usually up to 30 years in State Prison or up to 30 years of Probation or a
combination thereof, Up to a $15,000 fine, Community Service Hours, Court imposed Programs and Court Costs.

Life Felony:  Up to Life In Prison

Capital Felony:  Punishable by Death Penalty

DUI Penalties:  The following Charts list the Penalties for DUI Offenses without aggravating factors, however,
please note that the charts do not include the additional penalties for a DUI involving damage to persons or property,
serious bodily injury, or death of any human being.  Any of these situations significantly increases the penalties the
defendant faces.

First Offense DUI Penalties:






















Second Offense DUI Penalties:























Third Offense DUI Penalties:
























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The following Florida Statutes provide some additional information on Florida Penalties and Fines as well as
circumstances which can lead to enhanced penalties or the reclassification of some offenses.   

Florida Statute 775.082 - Penalties; applicability of sentencing structures; mandatory minimum sentences for
certain reoffenders previously released from prison.

Florida Statute 775.083 - Fines.

Florida Statute 775.084 - Violent career criminals; habitual felony offenders and habitual violent felony
offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum
prison terms.

Florida Statute 775.0837 - Habitual misdemeanor offenders.

Florida Statute 775.0845 - Wearing mask while committing offense; reclassification

Florida Statute 775.0846 - Possession of bulletproof vest while committing certain offenses

Florida Statute 775.085 - Evidencing prejudice while committing offense; reclassification

Florida Statute 775.0861 - Offenses against persons on the grounds of religious institutions; reclassification.

Florida Statute 775.087 - Possession or use of weapon; aggravated battery; felony reclassification; minimum
sentence.

Florida Statute 775.0875 - Unlawful taking, possession, or use of law enforcement officer’s firearm; crime
reclassification; penalties

Florida Statute 775.16 - Drug offenses; additional penalties.

Florida Statute 775.08435 - Prohibition on withholding adjudication in felony cases.

Florida Statute 921.0022 - Criminal Punishment Code; offense severity ranking chart.

Florida Statute 921.0023 - Criminal Punishment Code; ranking unlisted felony offenses.

Florida Statute 921.0024 - Criminal Punishment Code; worksheet computations; scoresheets.

Florida Statute 958.04 - Judicial disposition of youthful offenders.

For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation.  The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Jail Time
 Up to 180 Days in Jail (If Breath/Blood Alcohol Content is 0.15 or above, or there was a
person under the age of 18 years in the vehicle up to 270 Days in Jail)
Probation
 Up to 1 year of Probation
Drivers License
Suspension
 Minimum of 6 months and Maximum of 1 year (Individuals may be Eligible for Business
Purpose Only License upon enrollment or completion of DUI classes and expiration of
30 day wait period if they took breath test or 90 day wait period if they refused the breath
test)
Community
Service Hours
 Minimum of 50 Hours
Court Ordered Programs
 DUI Counter Attack Program - Level I, Victim Awareness Class, Substance Abuse
Evaluation and any recommended treatment
Vehicle
Impoundment
 Not less than 10 Days
Ignition
Interlock
 Not less than 6 months, when the convicted person qualifies for a permanent or
restricted license If Breath/Blood Alcohol Content is 0.15 or above, or there was a
person under the age of 18 years in the vehicle
Fines
 Minimum of $500 fine and Maximum of $1,000 fine (Note: If Breath/Blood Alcohol
Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle
- Minimum of $1,000 fine and Maximum of $2,000 fine)
Court Costs
 Over $300
Jail Time
 Up to 270 Days in Jail (Note: If Breath/Blood Alcohol Content is 0.15 or above, or there
was a person under the age of 18 years in the vehicle up to 1  year in Jail, also If the
second DUI is within 5 years of the first conviction - Minimum of 10 days in jail)
Probation
 Up to 1 year of Probation
Drivers License
Suspension
 If within 5 years of the first conviction - Minimum of 5 years  
If outside of 5 years of first conviction - up to 1 year and you will not be eligible for
Business Purpose Only License for the entire duration of the suspension.
Community
Service Hours
 No Minimum Hours
Court Ordered Programs
 DUI Counter Attack Program - Level II, Victim Awareness Class, Substance Abuse
Evaluation and any recommended treatment
Vehicle
Impoundment
 If within 5 years of first offense - Not less than 30 Days
If outside of 5 years of first conviction - Not less than 10 Days
Ignition
Interlock
 At least 1 year upon all vehicles that are individually or jointly leased or owned and
routinely operated by the convicted person, when the convicted person qualifies for a
permanent or restricted license.  (Note: Not less than 2 years If Breath/Blood years in the
vehicle)
Fines
 Minimum of $1,000 fine and Maximum of $2,000 fine (Note: If Breath/Blood Alcohol
Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle -
Minimum of $2,000 fine and Maximum of $4,000 fine)
Court Costs
 Over $300
Jail Time
 Up to 1 year in Jail   (Note: If within 10 years of a prior conviction,
it is a 3rd Degree Felony punishable by 5 years in State Prison.  
Also, if it is within 10 years of a prior conviction, there is a
minimum of 30 days in jail.)
Probation
 Up to 1 year of Probation  (Note: If within 10 years of a prior
conviction up to 5 years of Probation.)
Drivers License
Suspension
 If within 10 years of a prior conviction - Minimum of 10 years.
If outside of 10 years of first conviction - 1year
Community
Service Hours
 No Minimum Hours
Court Ordered Programs
 DUI Counter Attack Program - Level II, Victim Awareness Class, Substance Abuse
Evaluation and any recommended treatment
Vehicle
Impoundment
 If within 10 years of a prior conviction - Not less than 90 Days
If outside of 10 years of prior conviction - Not less than 10 Days
Ignition
Interlock
 At least 2 years upon all vehicles that are individually or jointly leased or
owned and routinely operated by the convicted person, when the
convicted person qualifies for a permanent or restricted license
Fines
 Minimum of $2,000 fine and Maximum of $5,000 fine (Note: If
Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18
years in the vehicle - Minimum of
$4,000 fine)
Court Costs
 Over $300
Orlando Florida Criminal Lawyer & Orange County DUI Attorney
Call Today: (407) 648-5255
Call Today: (407) 648-5255
Orlando Criminal Lawyer & Orange County Florida DUI Lawyer -
Florida Crimes & Laws