The Florida Legislature takes drunk driving very seriously. Over the years, it has increased penalties for driving under the influence of alcohol or drugs (and made the definition of what constitutes the crime stricter. For a first-time DUI conviction, the defendant, if convicted, cannot be imprisoned for more than six months pursuant to the DUI statute (Florida Statute 316.193). If a motorist is convicted of DUI a second time, imprisonment cannot exceed nine months. Additionally, a driver who is convicted of two DUIs must have an ignition interlock device placed on his vehicle for at least one year after his driver's license is reinstated. This occurs on vehicles which the driver owns, even if jointly, leases, or regularly operates.
A third conviction within a ten year period is charged as a third-degree felony, which is punishable by up to five years in prison. If the third DUI conviction occurs outside of the ten year time frame, it is punishable by no more than 12 months in jail. The fourth conviction or beyond is a third-degree felony, which can result in a prison term of up to five years.
After a DUI arrest, the license of the driver is suspended, a decision which is appealable to the Florida Department of Highway Safety and Motor Vehicles within 10 days from the suspension. This is an administrative rather than a criminal matter. In order to retain or reinstate the license, the driver must request a formal administrative hearing.
The maximum jail and prison sentences are not typically imposed, but any person who has been arrested for driving under the influence - whether for a first-time or subsequent offense, even if the first offense occurred in a different area or another state - should seek the advice of an attorney. The experienced Tampa DUI lawyers at Musca Law have decades of experience defending drunk driving charges.
