St. Petersburg / Clearwater DUI Defense Lawyers
Given frequent changes to this area of the law by the Florida Legislature and the fact that every Pinellas County DUI case is different, readers are urged not to rely solely on graphs or charts. Our office can discuss with you whether your case may be a good candidate for a reduction to a lesser offense. Such an outcome could have the effect of side-stepping Florida’s mandatory minimum DUI consequences and punishments under Florida Statute 316.193(2), 316.193(3), and 316.193(4). For those clients with possible prior DUI convictions, we can counsel you on whether the prosecutor will discover your prior DUI conviction and what impact it could have on your pending charge. Call our office for a free consultation at (727) 578-0303 to learn where you stand and what your options are.
| Pinellas County Mandatory Minimum Florida DUI Penalties (not including manslaughter or serious bodily injury) |
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| TYPE OF DUI CHARGE | TOTAL AMOUNT OF FINES & COSTS | PROBATION PERIOD | DRIVER’S LICENSE REVOCATION PERIOD | JAIL TIME | VEHICLE IMPOUND | OTHER MANDATORY PENALTIES |
| 1st DUI BAC below .15 | $983.00 §316.193(2)(a) |
12 months §316.193(6)(a) |
6 months to 1 yr §322.28(2)(a)1 |
Up to 6 months §316.193(2)(a)2.a |
10 days §316.193(6) (a-c) |
DUI School/Alcohol Evaluation & Treatment, 50 hrs Community Service |
| 1st DUI w/BAC .15 or higher orperson less 18yoa in car | $1,518.00 §316.193(4)(a) |
12 months §316.193(6)(a) |
6 months to 1 yr §322.28(2)(a)1 |
Up to 9 months §316.193(4)(b)1 |
10 days §316.193(6) (a-c) | DUI School/Alcohol Evaluation & Treatment, 50 hrs Community Service, 6 months Ignition Interlock |
| 2nd DUI w/in 5 yrs, BAC below .15 | $1,518.00 §316.193(2)(a) |
12 months §316.193(6)(a) |
Mandatory 5 yrs §322.28(2)(a)2 |
Mandatory 10 days §316.193(6)(b) Up to 9 months §316.193(2)(a)2.b |
30 days §316.193(6) (b) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 1 yr Ignition Interlock |
| 2nd DUI w/in 5 yrs, w/BAC .15 or higher | $2,558.00 §316.193(4)(a) |
12 months §316.193(6)(a) |
Mandatory 5 yrs §322.28(2)(a)2 |
Mandatory 10 days §316.193(6)(b) Up to 12 months §316.193(4)(b)2 |
30 days §316.193(6) (b) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 2nd DUI outside 5 yrs, BAC below .15 | $1,1518.00 §316.193(2)(a) |
12 months §316.193(6)(a) |
6 months to 1 yr §322.28(1) |
Up to 9 months §316.193(2)(a)2.b |
10 days §316.193(6) (a-c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 1 yr Ignition Interlock |
| 2nd DUI outside 5 yr, BAC .15 or higher orperson less 18yoa in car | $2,558.00 §316.193(4)(a) |
12 months §316.193(6)(a) |
6 months to 1 yr §322.28(1) |
Up to 12 months §316.193(4)(b)2 |
10 days §316.193(6) (a-c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 3rd DUI w/in 10 yrs, BAC below .15 FELONY |
$2,558.00 §316.193(2)(a) |
Up to 60 months §775.082 |
Mandatory 10 yrs §322.28(2)(a)3 |
Mandatory 30days in PCJ §316.193(6)(c) Up to 5 yrs State Prison §316.193(2)(b) §775.082(3)(d) |
90 days §316.193(6) (c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 3rd DUI w/in 10 yrs, w/BAC .15 or higher FELONY |
$4,558.00 §316.193(4)(a) |
Up to 60 months §775.082 |
Mandatory 10 yrs §322.28(2)(a)3 |
Mandatory 30days in PCJ §316.193(6)(c) Up to 5 yrs State Prison §316.193(2)(b) §775.082(3)(d) |
90 days §316.193(6) (c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 3rd DUI outside 10 yrs, BAC below .15 | $2,558.00 §316.193(2)(a) |
12 months §316.193(6)(a) |
6 months to 1 yr §322.28(1) |
Up to 12 months §316.193(2)(b)2 |
10 days §316.193(6) (a-c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 3rd DUI outside 10 yrs w/BAC .15 or higher | $4,558.00 §316.193(4)(a) |
12 months §316.193(6)(a) |
6 months to 1 yr §322.28(1) |
Up to 12 months §316.193(2)(b)2 |
10 days §316.193(6) (a-c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 4th DUI w/in lifetime FELONY |
$3,015.00 (BAC >.15) or $4,558.00 if BAC .15+) §316.193(2)(b) |
Up to 60 months §316.193(6)(a) §775.082 |
Permanent §322.28(2)(e) |
Zero or mandatory 10 or 30 days, or up to 5 yrs State Prison depending on age of prior DUI convictions §316.193(3) §775.082(3)(d) |
10, 30, or 90 days depending on age of prior DUI convictions §316.193(6) (a-c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
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Awarded only to law firms with the highest
level of skill, integrity, an ethical standards.
Frank Russo was the only St. Petersburg
Criminal Defense Attorney honored
with this distinction.
Marc Pelletier was honored by the local
legal community when he was elected
President of the Pinellas Association
of Criminal Defense Lawyers.
This popular consumer resource
rated Frank Russo and Marc Pelletier "Superb"
for their legal experience, peer recognition
and professional conduct.
In 2010 Frank Russo was selected
by Tampa Bay Magazine as one of
"Tampa Bay's Top Lawyers"
in Criminal Law.
The law firm of Russo & Russo is
honored to be included in the
prestigious Martindale Hubbell Bar
Register of Preeminent Lawyers.
The criminal defense attorneys at Russo and Russo
are honored to be members of the
Florida Association of Drug Court Professionals.
Attorney Tim Sullivan is an official
Pinellas county juvenile criminal court
diversion arbitrator.
