Florida writes most of the money in a DUI case into statute. The fine band, the court costs, the reinstatement charges, the interlock charge and the clerk's payment plan terms are all fixed in the Florida Statutes, and none of them are attorney fees. The attorney fee is a separate written agreement, and Florida bars any version of it that moves with the outcome.
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Or call (321) 463-9784Fla. Stat. 316.193(2)(a)1 fixes that range on a first conviction, alongside jail of not more than six months. A second conviction moves to $1,000 to $2,000.
Subsection (4) raises the first-conviction fine to this band, a second conviction to $2,000 through $4,000, and a third or later conviction to not less than $4,000.
Fla. Stat. 938.07 splits it three ways: $25 to the Emergency Medical Services Trust Fund, $50 to the crime laboratory trust fund, and $60 to the Brain and Spinal Cord Injury Program Trust Fund.
Fla. Stat. 322.21(8) adds this on top of the ordinary $45 suspension or $75 revocation service fee, and allows only one $130 charge per incident.
A fee taken out of the result is not allowed in a criminal case, so nothing here is a percentage. The amounts below are what Florida law itself sets, and what a firm charges to handle the case is separate, written down, and agreed before the work starts. Nothing on this page is a quote.
| Item | What the Florida statute or rule sets | What that means | Where it says so |
|---|---|---|---|
| Fee measured by the result of the case | Forbidden | Subdivision (f)(3)(B) of the Bar fee rule states plainly that a lawyer must not enter into an arrangement for, charge, or collect a contingent fee in criminal defense. | Rules Regulating The Florida Bar 4-1.5(f)(3)(B) |
| Third DUI conviction more than ten years after a prior | $2,000 to $5,000 | Fla. Stat. 316.193(2)(b)2 sets that band with jail of not more than twelve months, and a fourth or later conviction carries a fine of not less than $2,000. | Fla. Stat. 316.193(2)(b)2 |
| Court cost on a criminal traffic offense | $60 | Fla. Stat. 938.05 puts a criminal traffic offense and a misdemeanor at the same figure and a felony at $225, assessed as a cost of the case. | Fla. Stat. 938.05(1) |
| Application for court-appointed counsel | $50 per application | Payable to the clerk within seven days of filing, and if unpaid before disposition it is assessed at sentencing or as a probation condition. | Fla. Stat. 27.52(1)(b) |
| Ignition interlock installation charge remitted to the state | $12 per installation | Collected by the authorized installer under Fla. Stat. 322.2715(5) and forwarded to the department, separate from the monitoring cost the driver pays. | Fla. Stat. 322.2715(5) |
| Payment plan at the clerk's office | Monthly amount presumed affordable at $25 or 2 percent of net income | Fla. Stat. 28.246(4) uses the greater of those two figures and caps the initial down payment at the lesser of ten percent of the balance or $100. | Fla. Stat. 28.246(4) |
The Rules Regulating The Florida Bar handle fees in rule 4-1.5. Subdivision (f)(3) sets out the two arrangements a lawyer must not enter into, charge, or collect, and item (B) is "a contingent fee for representing a defendant in a criminal case." The prohibition is unconditional. It does not soften for a first arrest, for a refusal, or for a case a lawyer expects to be dropped early.
That leaves two lawful shapes: a fixed sum covering defined work, or an hourly rate drawn against an advance. Either belongs in writing, with the scope described in enough detail that both sides know whether it stops at a plea or carries through a jury trial. Ask about a violation of probation, an amended charge, and whether the administrative license hearing sits inside the quoted work.
Fla. Stat. 316.193(2)(a)1 puts a first conviction at not less than $500 and not more than $1,000, with imprisonment of not more than six months. A second conviction runs $1,000 to $2,000 with jail of not more than nine months. Under subsection (2)(b)2, a third conviction more than ten years after a prior carries $2,000 to $5,000 and up to twelve months, and a fourth or later conviction carries a fine of not less than $2,000.
Subsection (4) is the tier readers underestimate. Where the blood or breath alcohol level is 0.15 or higher, or a passenger under 18 was in the vehicle, a first conviction becomes $1,000 to $2,000, a second becomes $2,000 to $4,000, and a third or later becomes not less than $4,000. Those are separate bands, not enhancements bolted onto the ordinary numbers, and the statute keeps the tiers distinct.
Fla. Stat. 938.07 says a court cost of $135 shall be added to any fine imposed for a DUI, and it names the destinations. Of that, $25 goes to the Emergency Medical Services Trust Fund, $50 to the Department of Law Enforcement's Operating Trust Fund for the statewide criminal analysis laboratory system, and $60 to the Brain and Spinal Cord Injury Program Trust Fund. Fla. Stat. 938.05 adds $60 as a cost on a criminal traffic offense or a misdemeanor, and $225 on a felony, the figure appearing when a DUI is charged with serious bodily injury.
For anyone who cannot pay the total at disposition, Fla. Stat. 28.246(4) governs the clerk's payment plan. A monthly amount is presumed to match ability to pay when it does not exceed the greater of $25 or two percent of annual net income divided by twelve, and any down payment the clerk requires is capped at the lesser of ten percent of the balance or $100. The clerk must enroll a person the court finds indigent for costs.
Fla. Stat. 27.52(1)(b) requires a $50 application fee to the clerk for each application for court-appointed counsel, payable within seven days after the application is submitted. If it goes unpaid before the case is resolved, the clerk notifies the court and the amount is assessed as part of the sentence or as a condition of probation. The financial affidavit behind it covers income, assets down to equity in a boat or vehicle, liabilities, and the source of any bail money already posted.
Fla. Stat. 322.21(8) sets a service fee of $45 to reinstate after a suspension and $75 after a revocation, then adds a further $130 fee where the reinstatement follows a DUI conviction or a refusal, limited to one such charge per incident and not collected if the underlying action is overturned. Fla. Stat. 322.2715(5) requires the authorized interlock installer to collect $12 for each installation and remit it to the department, which sits on top of whatever the monitoring provider charges each month.
The department's DUI guidance fills in the rest of the timeline. A first conviction brings a revocation of six months to one year, and a DUI causing serious bodily injury brings at least three years. DUI school must be finished within 90 days after reinstatement or the license is cancelled again. Reinstatement after a DUI also requires FR-44 insurance held for three years at $100,000 bodily injury per person, $300,000 per occurrence, and $50,000 property damage, or a combined single limit of $350,000. Over three years that requirement usually outruns the fine.
The charge tier matters most, because a subsection (4) case at 0.15 or above, or a felony filing after a crash, involves evidence a plain first-offense case does not. After that: whether the chemical result is contested, since that means subpoenaing instrument records and often retaining an analyst; whether a diversion track is open and what compliance costs; and whether the matter is set for trial. The statutory fine below moves with none of that.
Get the papers, dates, and evidence plan organized before the first Orange County court setting becomes the only thing you are reacting to. Keep every document, follow written release conditions, and do not make driving decisions based on a guess about the suspension notice.
Call (321) 463-9784No obligation · Written for Orlando · Orange County