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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 Winter Park criminal defense lawyer and Osceola County Florida DUI attorney today.  The Wilson Law Firm, P.L. © 2010  
Orange County Florida DUI Lawyer - Driving Under the Influence:
The penalties for Driving Under the Influence (DUI) in Florida are significant even
for a first time offender, and if the case involves a repeat offenders, an injury or
death, the penalties increase dramatically.  If you have been arrested for Driving
Under the Influence, you should speak with an experienced criminal defense
attorney at your earliest opportunity to learn about your rights and the defenses
that may be available to you..

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.  

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 DUI attorney about your situation or to schedule a Free Initial Consultation   

The following section of this page provides some information regarding DUI offenses:

Driving Under the Influence - A DUI offense involves allegations that the Defendant was driving or was in
actual physical control of a vehicle and:

1)  The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any
substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
2) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
3) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

The penalties for Driving Under the Influence are significant, and can include Jail time, Probation, DUI programs,
Loss of License, Vehicle Impoundment, Fines and Court Costs.   For more information about this offense please
review Florida Statutes 316.193 provided below.

Administrative Review Process:
10 Day Period -  When a person is arrested for DUI there are also significant noncriminal administrative penalties
that arise as well.  If the individuals breath test was over the legal limit, or if the individual refused the breath test they
face an administrative suspension of their drivers license.  In order to contest this administrative suspension, the
individual must request a hearing within 10 days of the date of arrest.  If our firm is retained prior to the expiration of
the 10 day period, we will request and represent you at these administrative hearings.   For more information about
this the administrative review process please review Florida Statutes 322. provided below.

Note:  The administrative suspension is separate from the criminal suspension that an individual faces with a DUI.  
Simply put, this means that your administrative suspension is not running concurrent with your criminal suspension
and even though one suspension has expired, the other suspension will still prevent you from obtaining an
unrestricted drivers license. Completing the required DUI Counter Attack programs through the Florida Safety
Counsel though, may allow a person to receive a Business Purpose Only license to drive to and from work or school.

Please review the following Florida Statute for more information on Driving Under the Influence (DUI) in Florida.

Florida Statute 316.193 - Driving under the influence; penalties.
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in
subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any
substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a
violation of subsection (1) shall be punished:
1. By a fine of:
a. Not less than $500 or more than $1,000 for a first conviction.
b. Not less than $1,000 or more than $2,000 for a second conviction; and

2. By imprisonment for:
a. Not more than 6 months for a first conviction.
b. Not more than 9 months for a second conviction.

3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole
expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 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. The installation of such device may not occur before July 1,
2003.

(b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a
prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less
than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in
accordance with s. 316.1938 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. The installation of
such device may not occur before July 1, 2003.

2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after
the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more
than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory
placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device
approved by the department in accordance with s. 316.1938 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. The installation of such device may not occur before July 1, 2003.

3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior
conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not
less than $2,000.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

(c) Who, by reason of such operation, causes or contributes to causing:
1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.

3. The death of any human being or unborn quick child commits DUI manslaughter, and commits:
a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
(I) At the time of the crash, the person knew, or should have known, that the crash occurred; and
(II) The person failed to give information and render aid as required by s. 316.062.

For purposes of this subsection, the definition of the term “unborn quick child” shall be determined in accordance
with the definition of viable fetus as set forth in s. 782.071. A person who is convicted of DUI manslaughter shall be
sentenced to a mandatory minimum term of imprisonment of 4 years.

(4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol
level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the
offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:

(a) By a fine of:
1. Not less than $1,000 or more than $2,000 for a first conviction.
2. Not less than $2,000 or more than $4,000 for a second conviction.
3. Not less than $4,000 for a third or subsequent conviction.

(b) By imprisonment for:
1. Not more than 9 months for a first conviction.
2. Not more than 12 months for a second conviction.

For the purposes of this subsection, only the instant offense is required to be a violation of subsection (1) by a
person who has a blood-alcohol level or breath-alcohol level of 0.15 or higher.

(c) In addition to the penalties in paragraphs (a) and (b), the court shall order the mandatory placement, at the
convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s.
316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted
person for not less than 6 continuous months for the first offense and for not less than 2 continuous years for a
second offense, when the convicted person qualifies for a permanent or restricted license.

(5) The court shall place all offenders convicted of violating this section on monthly reporting probation and shall
require completion of a substance abuse course conducted by a DUI program licensed by the department under s.
322.292, which must include a psychosocial evaluation of the offender. If the DUI program refers the offender to an
authorized substance abuse treatment provider for substance abuse treatment, in addition to any sentence or fine
imposed under this section, completion of all such education, evaluation, and treatment is a condition of reporting
probation. The offender shall assume reasonable costs for such education, evaluation, and treatment. The referral to
treatment resulting from a psychosocial evaluation shall not be waived without a supporting independent
psychosocial evaluation conducted by an authorized substance abuse treatment provider appointed by the court,
which shall have access to the DUI program’s psychosocial evaluation before the independent psychosocial
evaluation is conducted. The court shall review the results and recommendations of both evaluations before
determining the request for waiver. The offender shall bear the full cost of this procedure. The term “substance
abuse” means the abuse of alcohol or any substance named or described in Schedules I through V of s. 893.03. If
an offender referred to treatment under this subsection fails to report for or complete such treatment or fails to
complete the DUI program substance abuse education course and evaluation, the DUI program shall notify the court
and the department of the failure. Upon receipt of the notice, the department shall cancel the offender’s driving
privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The
department may temporarily reinstate the driving privilege on a restricted basis upon verification from the DUI
program that the offender is currently participating in treatment and the DUI education course and evaluation
requirement has been completed. If the DUI program notifies the department of the second failure to complete
treatment, the department shall reinstate the driving privilege only after notice of completion of treatment from the DUI
program. The organization that conducts the substance abuse education and evaluation may not provide required
substance abuse treatment unless a waiver has been granted to that organization by the department. A waiver may
be granted only if the department determines, in accordance with its rules, that the service provider that conducts the
substance abuse education and evaluation is the most appropriate service provider and is licensed under chapter
397 or is exempt from such licensure. A statistical referral report shall be submitted quarterly to the department by
each organization authorized to provide services under this section.

(6) With respect to any person convicted of a violation of subsection (1), regardless of any penalty imposed
pursuant to subsection (2), subsection (3), or subsection (4):

(a) For the first conviction, the court shall place the defendant on probation for a period not to exceed 1 year and, as
a condition of such probation, shall order the defendant to participate in public service or a community work project
for a minimum of 50 hours. The court may order a defendant to pay a fine of $10 for each hour of public service or
community work otherwise required only if the court finds that the residence or location of the defendant at the time
public service or community work is required or the defendant’s employment obligations would create an undue
hardship for the defendant. However, the total period of probation and incarceration may not exceed 1 year. The court
must also, as a condition of probation, order the impoundment or immobilization of the vehicle that was operated by
or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of
impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement
that expires within 10 days. The impoundment or immobilization must not occur concurrently with the incarceration of
the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e),
paragraph (f), paragraph (g), or paragraph (h).

(b) For the second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction
for violation of this section, the court shall order imprisonment for not less than 10 days. The court must also, as a
condition of probation, order the impoundment or immobilization of all vehicles owned by the defendant at the time of
impoundment or immobilization, for a period of 30 days or for the unexpired term of any lease or rental agreement
that expires within 30 days. The impoundment or immobilization must not occur concurrently with the incarceration of
the defendant and must occur concurrently with the driver’s license revocation imposed under s. 322.28(2)(a)2. The
impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph
(g), or paragraph (h). At least 48 hours of confinement must be consecutive.

(c) For the third or subsequent conviction for an offense that occurs within a period of 10 years after the date of a
prior conviction for violation of this section, the court shall order imprisonment for not less than 30 days. The court
must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the
defendant at the time of impoundment or immobilization, for a period of 90 days or for the unexpired term of any lease
or rental agreement that expires within 90 days. The impoundment or immobilization must not occur concurrently with
the incarceration of the defendant and must occur concurrently with the driver’s license revocation imposed under s.
322.28(2)(a)3. The impoundment or immobilization order may be dismissed in accordance with paragraph (e),
paragraph (f), paragraph (g), or paragraph (h). At least 48 hours of confinement must be consecutive.

(d) The court must at the time of sentencing the defendant issue an order for the impoundment or immobilization of
a vehicle. The order of impoundment or immobilization must include the name and telephone numbers of all
immobilization agencies meeting all of the conditions of subsection (13). Within 7 business days after the date that
the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail,
return receipt requested, to the registered owner of each vehicle, if the registered owner is a person other than the
defendant, and to each person of record claiming a lien against the vehicle.

(e) A person who owns but was not operating the vehicle when the offense occurred may submit to the court a
police report indicating that the vehicle was stolen at the time of the offense or documentation of having purchased
the vehicle after the offense was committed from an entity other than the defendant or the defendant’s agent. If the
court finds that the vehicle was stolen or that the sale was not made to circumvent the order and allow the defendant
continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs. If the
court denies the request to dismiss the order of impoundment or immobilization, the petitioner may request an
evidentiary hearing.

(f) A person who owns but was not operating the vehicle when the offense occurred, and whose vehicle was stolen
or who purchased the vehicle after the offense was committed directly from the defendant or the defendant’s agent,
may request an evidentiary hearing to determine whether the impoundment or immobilization should occur. If the
court finds that either the vehicle was stolen or the purchase was made without knowledge of the offense, that the
purchaser had no relationship to the defendant other than through the transaction, and that such purchase would not
circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the
owner of the vehicle will incur no costs.

(g) The court shall also dismiss the order of impoundment or immobilization of the vehicle if the court finds that the
family of the owner of the vehicle has no other private or public means of transportation.
(h) The court may also dismiss the order of impoundment or immobilization of any vehicles that are owned by the
defendant but that are operated solely by the employees of the defendant or any business owned by the defendant.

(i) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the
owner of the vehicle or, if the vehicle is leased or rented, by the person leasing or renting the vehicle, unless the
impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply. The costs and fees for the
impoundment or immobilization must be paid directly to the person impounding or immobilizing the vehicle.

(j) The person who owns a vehicle that is impounded or immobilized under this paragraph, or a person who has a
lien of record against such a vehicle and who has not requested a review of the impoundment pursuant to paragraph
(e), paragraph (f), or paragraph (g), may, within 10 days after the date that person has knowledge of the location of
the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully
taken or withheld from the owner or lienholder. Upon the filing of a complaint, the owner or lienholder may have the
vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and
fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if
the owner or lienholder does not prevail. When the bond is posted and the fee is paid as set forth in s. 28.24, the
clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the
owner or lienholder must give a receipt to the towing or storage company indicating any loss or damage to the
vehicle or to the contents of the vehicle.

(k) A defendant, in the court’s discretion, may be required to serve all or any portion of a term of imprisonment to
which the defendant has been sentenced pursuant to this section in a residential alcoholism treatment program or a
residential drug abuse treatment program. Any time spent in such a program must be credited by the court toward
the term of imprisonment.

For the purposes of this section, any conviction for a violation of s. 327.35; a previous conviction for the violation of
former s. 316.1931, former s. 860.01, or former s. 316.028; or a previous conviction outside this state for driving
under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, driving with an unlawful
breath-alcohol level, or any other similar alcohol-related or drug-related traffic offense, is also considered a previous
conviction for violation of this section. However, in satisfaction of the fine imposed pursuant to this section, the court
may, upon a finding that the defendant is financially unable to pay either all or part of the fine, order that the defendant
participate for a specified additional period of time in public service or a community work project in lieu of payment of
that portion of the fine which the court determines the defendant is unable to pay. In determining such additional
sentence, the court shall consider the amount of the unpaid portion of the fine and the reasonable value of the
services to be ordered; however, the court may not compute the reasonable value of services at a rate less than the
federal minimum wage at the time of sentencing.

(7) A conviction under this section does not bar any civil suit for damages against the person so convicted.

(8) At the arraignment, or in conjunction with any notice of arraignment provided by the clerk of the court, the clerk
shall provide any person charged with a violation of this section with notice that upon conviction the court shall
suspend or revoke the offender’s driver’s license and that the offender should make arrangements for transportation
at any proceeding in which the court may take such action. Failure to provide such notice does not affect the court’s
suspension or revocation of the offender’s driver’s license.

(9) A person who is arrested for a violation of this section may not be released from custody:

(a) Until the person is no longer under the influence of alcoholic beverages, any chemical substance set forth in s.
877.111, or any substance controlled under chapter 893 and affected to the extent that his or her normal faculties are
impaired;

(b) Until the person’s blood-alcohol level or breath-alcohol level is less than 0.05; or

(c) Until 8 hours have elapsed from the time the person was arrested.

(10) The rulings of the Department of Highway Safety and Motor Vehicles under s. 322.2615 shall not be
considered in any trial for a violation of this section. Testimony or evidence from the administrative proceedings or
any written statement submitted by a person in his or her request for administrative review is inadmissible into
evidence or for any other purpose in any criminal proceeding, unless timely disclosed in criminal discovery pursuant
to Rule 3.220, Florida Rules of Criminal Procedure.

(11) The Department of Highway Safety and Motor Vehicles is directed to adopt rules providing for the
implementation of the use of ignition interlock devices.

(12) If the records of the Department of Highway Safety and Motor Vehicles show that the defendant has been
previously convicted of the offense of driving under the influence, that evidence is sufficient by itself to establish that
prior conviction for driving under the influence. However, such evidence may be contradicted or rebutted by other
evidence. This presumption may be considered along with any other evidence presented in deciding whether the
defendant has been previously convicted of the offense of driving under the influence.

(13) If personnel of the circuit court or the sheriff do not immobilize vehicles, only immobilization agencies that meet
the conditions of this subsection shall immobilize vehicles in that judicial circuit.

(a) The immobilization agency responsible for immobilizing vehicles in that judicial circuit shall be subject to strict
compliance with all of the following conditions and restrictions:

1. Any immobilization agency engaged in the business of immobilizing vehicles shall provide to the clerk of the
court a signed affidavit attesting that the agency:
a. Has verifiable experience in immobilizing vehicles;
b. Maintains accurate and complete records of all payments for the immobilization, copies of all documents
pertaining to the court’s order of impoundment or immobilization, and any other documents relevant to each
immobilization. Such records must be maintained by the immobilization agency for at least 3 years; and
c. Employs and assigns persons to immobilize vehicles that meet the requirements established in subparagraph 2.

2. The person who immobilizes a vehicle must:
a. Not have been adjudicated incapacitated under s. 744.331, or a similar statute in another state, unless his or her
capacity has been judicially restored; involuntarily placed in a treatment facility for the mentally ill under chapter 394,
or a similar law in any other state, unless his or her competency has been judicially restored; or diagnosed as having
an incapacitating mental illness unless a psychologist or psychiatrist licensed in this state certifies that he or she
does not currently suffer from the mental illness.
b. Not be a chronic and habitual user of alcoholic beverages to the extent that his or her normal faculties are
impaired; not have been committed under chapter 397, former chapter 396, or a similar law in any other state; not
have been found to be a habitual offender under s. 856.011(3), or a similar law in any other state; or not have had any
convictions under this section, or a similar law in any other state, within 2 years before the affidavit is submitted.
c. Not have been committed for controlled substance abuse or have been found guilty of a crime under chapter 893,
or a similar law in any other state, relating to controlled substances in any other state.
d. Not have been found guilty of or entered a plea of guilty or nolo contendere to, regardless of adjudication, or been
convicted of a felony, unless his or her civil rights have been restored.
e. Be a citizen or legal resident alien of the United States or have been granted authorization to seek employment in
this country by the United States Bureau of Citizenship and Immigration Services.

(b) The immobilization agency shall conduct a state criminal history check through the Florida Department of Law
Enforcement to ensure that the person hired to immobilize a vehicle meets the requirements in sub-subparagraph (a)
2.d.

(c) A person who violates paragraph (a) commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.

(14) As used in this chapter, the term:

(a) “Immobilization,” “immobilizing,” or “immobilize” means the act of installing a vehicle antitheft device on the
steering wheel of a vehicle, the act of placing a tire lock or wheel clamp on a vehicle, or a governmental agency’s act
of taking physical possession of the license tag and vehicle registration rendering a vehicle legally inoperable to
prevent any person from operating the vehicle pursuant to an order of impoundment or immobilization under
subsection (6).

(b) “Immobilization agency” or “immobilization agencies” means any person, firm, company, agency, organization,
partnership, corporation, association, trust, or other business entity of any kind whatsoever that meets all of the
conditions of subsection (13).

(c) “Impoundment,” “impounding,” or “impound” means the act of storing a vehicle at a storage facility pursuant to
an order of impoundment or immobilization under subsection (6) where the person impounding the vehicle
exercises control, supervision, and responsibility over the vehicle.

(d) “Person” means any individual, firm, company, agency, organization, partnership, corporation, association, trust,
or other business entity of any kind whatsoever.

_________________________________________________

You may also want to review the following Florida Statutes about Driving Under the Influence.

Florida Statute 316.1932 - Tests for alcohol, chemical substances, or controlled substances; implied         
.                                                                consent; refusal.

Florida Statute 316.1933 - Blood test for impairment or intoxication in cases of death or serious bodily
.                                                                injury; right to use reasonable force.

Florida Statute 316.1934 - Presumption of impairment; testing methods.

Florida Statute 322.2615 - Suspension of license; right to review.

Florida Statute 322.2616 - Suspension of license; persons under 21 years of age; right to review.

For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando DUI
attorney and Orange County DUI lawyer 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.
Orange County Florida DUI Lawyer & Orlando DUI Attorney
Call Today: (407) 648-5255
Orlando Criminal Attorney & Orange County Florida DUI Lawyer -
Florida Crimes & Laws