|
|
Offense
|
Fine
|
Bac >= .20%
or minor in car
|
License
Suspend
|
Probation
|
Incarceration
|
Bac >= .20%
or minor in car
|
Impoundment
319.193(6)(d)
|
Other
|
|
1st
Offense
|
$250 – 505
|
$505 – 1000
|
180 days
to 1yr
|
1 year
|
0 to 6 months
|
0 to 9 months
|
10
days normally.
For 2nd
conviction within 3 years then 30 days.
For 3rd conviction within
5 years then 90 days.
*Impound may not be concurrent with
probation or jail. Impound on rentals or
leases not to extend beyond the lease or
rental agreement.
|
DUI School
AET, 50 CS, VIP
|
|
2nd
within
5 years |
$500 – 1000
|
$1000 – 2000
|
5 years
|
1 year
|
10 days to 9 months
|
10 days to 12 months
|
MOS
|
|
2nd
outside
5 years |
$500 – 1000
|
$1000 – 2000
|
180 days
to 1yr
|
1 year
|
0 to 9 months
|
0 to 12 months
|
MOS
|
|
3rd
within
10 years
|
$1000 – 2500
|
$2000 to 5000
|
10 years
|
1 year
|
30 days to 12 months
|
30 days to 12 months
|
MOS
|
|
3rd
outside
10 years
|
$1000 – 2500
|
$2000 to 5000
|
180 days
to 1yr
|
1 year
|
0 to 12 months
|
0 to 12 months
|
MOS
|
|
4th Offense
charged as misdemeanor
|
$1000 – 2500
|
$2000 to 5000
|
Perma-
ne nt
|
1 year
|
0 to 12 months
|
0 to 12 months
|
MOS
|
|
4th Offense
(charged as felony)
|
$1000 – 5000
|
$1000 to 5000
|
Perma-
nent |
1 to 5 years
Guidelines
|
0 to 5 years
Guidelines
|
0 to 5 years
Guidelines
|
MOS
|
 Chapter
97-235 (C.S. for House Bill 1319) may be implemented
by the chief judge of the judicial circuit. It provides
that judges impose between $50 to $150 in costs
to the County Article V Trust Fund. Local rules
call for a $100 cost in addition to the standard
fines for DUIs. Effective July 1, 1997.
F.S.
316.193(4): minor defined as under age of 18.
F.S.
322.28(3): If DWLSR at the time of the DUI, DHSMV
will add 3 months to any suspension.
F.S.
316.193(e): Court’s discretion – may
allow defendant to serve all or any portion of
imprisonment in a residential alcoholism
treatment program. Time spent in such a program,
must be credited by the court toward the term
of imprisonment.
F.S.
322.28: If the court does not address the length
of the license suspension, DHSMV will suspend
the license for the maximum possible length.
F.S.
316.193(6)(b) & (c): time frames are now measured
from the date of the last conviction to the date
of offense in the instant case for mandatory jail.
However, for license suspensions, [F.S. 322.28(2)(a)2-3],
the time frame is still measured from conviction-date
to conviction-date. Therefore, continuing the
DUI case may circumvent a lengthier mandatory
license suspension, it will not affect the mandatory
jail sentence. Nevertheless, the wording of F.S.
322.28 indicates that on two or more convictions,
the court may suspend the license for more than
the mandatory length (i.e., "shall be revoked
for not less than . . .).
F.S.
316.193 (6)(b) & (c): at least 48 hours of
the incarceration must be consecutive (i.e., work
release may be imposed, but defendant will have
to stay in jail at least 2 days straight).
Toledo
v. State, App. 3 Dist., 580 So.2d 335 (1991):
Although defendant charged with driving under
the influence of alcoholic beverages had three
prior DUI convictions, prosecutor had discretion
to charge misdemeanor, instead of felony, violation,
and therefore county court properly exercised
its jurisdiction over defendant's fourth DUI violation. |
