DUI Penalties in Tampa

Basic DUI Penalties in Florida

First DUI Offense:

• Potential jail time: 0-6 months
• Fines of $250-$1,000
• Driver’s licenses suspension from 6 months to 1 year
• One year of probation
• 10-day vehicle impoundment
• Ignition Interlock Device
• Community service

Second DUI Offense (Within 5 Years):

• Potential jail time: 10 days-9 months
• Fines from $500-$2,000
• Driver’s license suspension for at least 5 years
• One year of probation
• 30-day vehicle impoundment
• Ignition Interlock Device
• Community service
• DUI School

Third DUI Offense (Within 10 Years):

• Potential jail time: 30 days-5 years
• Fines from $1,000-$5,000
• 10-year driver’s license suspension
• 1-5 years of probation
• 90-day vehicle impoundment
• Ignition Interlock Device
• Community service
• DUI School

Fourth DUI Offense (Within 10 Years)

• Potential jail time: up to 5 years
• Fines from $1,000-$5,000
• Permanent revocation of driver’s license
• 1-5 years of probation
• Community service
• DUI School

The ignition interlock device (IID) is a common repercussion of a DUI conviction. This is a breath machine that prevents a vehicle from operating until a breath test is accomplished. Notably, the machine requires intermittent testing to keep the car operational for the driver.

Long-Term Consequences of DUI

Many fail to consider the long-term, non-criminal consequences of DUI conviction. These are referred to as collateral consequences, which can impact a defendant’s life for years. Collateral consequences not only apply to convicted felons, but to individuals who have been convicted of misdemeanors like DUI. The collateral consequences of a DUI are not temporary—they last long after the individual has paid the legal costs of their mistakes.

The collateral consequences of a Florida DUI may include:

• Education: Many colleges will deny a student’s application if they have a record.
• Background Checks: These can affect future employment and housing opportunities.
• Auto insurance: DUI convictions affect your auto insurance and inflate rates.
• Travel: Some countries deny entry to individuals with DUI convictions.
• Mobility: Depending on the case, a judge may limit the defendant’s ability to drive.
• Lifestyle: Probation may prohibit you from drinking and require testing.
• Immigration: A felony DUI or a drug-related DUI can lead to deportation.
• Child Custody: A DUI conviction can negatively affect a custody battle.
• Professional Licenses: Licenses may be canceled or denied due to a DUI conviction.
• Security Clearance: A DUI conviction can lead to the denial of security clearance.
• Military Careers: This can result in a reduction in rank, pay, and reputation.

About the Ignition Interlock Device (IID)

Some DUI penalties are meant to punish. Others are meant to educate and prevent future offenses. One of the penalties designed to help limit habitual repeat offenders is the ignition interlock device (IID). This is a cell phone-sized device installed into the dashboard of a car. 

The purpose is simple: to not allow someone to get behind the wheel while drunk. It accomplishes that by requiring a breath test any time someone starts the vehicle. The threshold for BAL is set at 0.05 percent; if the breath sample is below this threshold, the vehicle will start. If, however, the breath sample is above 0.05, the vehicle will sit idle. 

There are also safeguards in place to cut down on drivers having a friend provide the breath sample before driving away. While driving, the device will require several "rolling tests" at random intervals. If a clean sample is provided, there will be no issues. If a sample has too high of BAC, the device will set off an alarm that will not stop until the car is pulled over to a safe area and turned off. If a sample is given with too high of a BAC, the event will be recorded and printed out for the proper authorities to look over and deal with accordingly.

In order to use an IID, a driver needs to follow these steps:

• Pay a certified installer to put the IID in their vehicle.
• Agree to have their BAC readings reported to law enforcement.
• Blow into the attached mouthpiece on the device to read their BAL.
• Drive their car, periodically pulling over for BAC checks.

RIDR Program & IIDs

If you have qualified for the Reducing Impaired Driving Recidivism (RIDR) program, you will need to install an IID into your car 60 days after your arraignment. The length of time that the IID must be installed depends on your sanction level as a RIDR program participant.

Depending on the sanction level, a RIDR participant must install an IID in their vehicle for:

• Level 1: 3 months after the plea
• Level 2: 9 months after the plea
• Level 3: 9 months after the plea

DUI Convictions & IIDs

According to Florida Statutes §316.193, ignition interlock devices must be installed in the vehicles of certain individuals who are convicted of DUI:

• For someone convicted of a first-time conviction, it may be required if ordered by the court. If there are aggravating factors, it will be required for at least six months.
• For a second DUI conviction, it will be required for at least a year unless there are aggravating factors. In those cases, it will be installed for at least two years.
• For a third conviction, it will be required for at least two years.
• For a fourth or subsequent conviction, it will be required for at least five years with the condition of a hardship license.

In Hillsborough County, the IID vendor selected by the department is Alcohol Countermeasure Systems Corp. which works with Alcolock products. It is important to note that installing an ignition interlock device does not only go into one car—it must go into every single car that is either solely or jointly owned or leased by the convicted.

How Much Does an IID Cost?

The Florida Department of Highway Safety and Motor Vehicles (DHSMV) says the defendant will need to pay for the following:

• Interlock Fee - $12
• Installation - $75
• Monthly Monitoring / Calibration - $72.50
• Refundable Deposit - $100 or Monthly Insurance Charge - $5

If you cannot afford this, there are certain situations where the court may allow for a portion of your fine to be used to pay for the ignition interlock device.

Residential Treatment Programs & SCRAM

In Florida, one of the most appealing alternative forms of sentencing includes the possibility of a residential treatment program. Accepted in many Florida counties, this allows for defendants to receive a 28-day in-house treatment program instead of imprisonment. While not a fail-safe, it allows a lawyer to argue that the defendant has undergone the necessary treatment (including counseling and alcohol testing) to recover from their mistakes. 

Similarly, another form of alternative DUI sentencing is the possibility of using a Secure Continuous Remote Alcohol Monitor (SCRAM) device. This device is worn around the ankle and combines alcohol monitoring with house arrest technology. Those with this device have their alcohol consumption tested via sweat and are tracked by GPS.