DUI (Driving Under the Influence)

According to the Florida Statute s. 316.193(1), a person is guilty of the offense of driving under the influence and is subject to punishment if the person is driving or in actual physical control of a vehicle within the state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in section 877.11, 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 milliliters of breath.

This shall be punished by:

1. A fine of:
   1. Not less than $500 or more than $1,000 for a first conviction.
   2. Not less than $1,000 or more than $2,000 for a second conviction; and

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

Any person who is convicted of a third violation of this section within 10 years after a prior conviction for a violation of this section commits a felony of the third degree. If the conviction is more than 10 years after the date of the date of a prior conviction for a violation of this section shall be punished by a fine of no less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months.