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The Florida penalties for driving under the influence upon conviction are the same, regardless of the manner in which the offense is proven.If charged as a First Degree misdemeanor, the potential penalty is up to 364 days in jail and a fine of up to $4,000. If charged as a Third Degree felony, the potential penalty is up to 5 years in prison and a fine of up to $5,000.00.

License Penalties

A DUI arrest starts two cases. One is a criminal matter and one is civil relating to driving privileges. A DUI arrest typically triggers an automatic license suspension from six to eighteen months. If a driver’s license is otherwise valid, the police officer will issue a temporary permit to drive which is good for ten days.

Within those ten days, the driver can file for an administrative hearing regarding his suspension with the Florida Department of Highway Safety and Motor Vehicles. As part of the request for a hearing the driver may also request and receive a permit to drive legally for a defined period that typically covers the time frame until a decision about the suspension is made at the hearing.

If the driver is found guilty of the criminal charge of DUI, additional license suspensions or revocations may be imposed.

Criminal Matter

A DUI is a criminal charge, and the process after the arrest is the same as all other criminal charges. The arrest process is the same as any other criminal charge including fingerprints, mug shots and the creation of a criminal record.

DiscoveryThe State Attorney must provide to the defendant and his attorney the evidence that it has against the defendant. The state also has an obligation to provide any evidence it has that tends to negate the defendant’s guilt. This would include police reports, video tapes, hospital records, test results, status of testing equipment, and all other information in the state’s possession relating to the charges.

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