State of Florida Legal Sanctions for Violations of a Controlled Substance/Alcohol

Blood-Alcohol level of 0.08 or more:

• 1st Not less than $250 or more than $500 Not more than 6 months 
• 2nd Not less than $500 or more than $1,000 Not more than 9 months 
• 3rd Not less than $1,000 or more than $2,500 Not more than 12 months 

Accompanied by person under age 18 or a 0.20 or higher blood-alcohol:

• 1st Not less than $500 or more than $1,000 Not more than 9 months  
• 2nd Not less than $1,000 or more than $2,000 Not more than 12 months 
• 3rd Not less than $2,000 or more than $5,000 Not more than 12 months  

Additional Fines:

• Section 938.07 Mandatory fines/costs totaling $135 
• Section 938.13 Mandatory fines/costs totaling $15  
• Section 938.21 Mandatory fines/costs totaling up to the original fine 
• Section 938.23  Mandatory fines/costs totaling up to the original fine 

In addition to the above, the following is also imposed:

• Probation
• Monthly reporting
• Public Service or community work project - minimum of 50 hours (or an additional fine of $10 for each hour of public service community work otherwise required if in the best interest of the State)
• Car driven, controlled by, or registered to you must be impoundment or immobilization for 10 days for the first conviction and 30 days for the second
• Attendance at a licensed substance abuse course. The agency conducting the course may refer to a substance abuse evaluation and treatment, in addition to any sentence or fine imposed. You bear all reasonable costs.

Under 21

In addition to the above penalties, Section 562 imposes:

Possession: Misdemeanor of the second degree. Imprisonment not to exceed 60 days and a $500 fine.

Misstate Age: Misdemeanor of the second degree. Imprisonment not to exceed 60 days, and a $500 fine. Suspend or revoke driver's license.

856.11 Disorderly intoxication: Misdemeanor of the second degree. A definite term of imprisonment not exceeding 60 days and a $500 fine.

Section 316.1936 prohibits the possession of open containers of alcoholic beverages. An "open container" means any container, which is immediately capable of being consumed from, or the seal of, which has been broken.

Chapter 893 Florida Comprehensive Drug Abuse Prevention and Control Act.

It is illegal to possess, inhale, ingest, manufacture, deliver, sell, and purchase any controlled substance listed in this section. The penalties imposed for a first offense for:  

Degree, Felony Fines, Imprisonment 

• Cocaine/Heroin*       
• Sell/Deliver/Possess
  First $10,000 Not exceeding 30 yrs.
• Marijuana/Hashish/LSD*       
• Sell/Deliver 
  Third $5,000 Not exceeding 5 yrs
• Possession
  Misdemeanor- 1st $500 Not exceeding 1 yr.
• Drug Paraphemalia       
• Use/Possession
  First  $10,000 Not exceeding 30 yrs.
• Deliver to minor 
  First  $10,000 Not exceeding 30 yrs.

*Drugs delivered to a person under the age of 18 by a person over the age of 18 imposes mandatory imprisonment, which may not be suspended or deferred. There will be no probation.

Section 775.0835 - Mandatory fines/costs commensurate with the offense not to exceed $10,000 plus an additional $50 surcharge.

Section 938.21 - Mandatory fines/costs totaling up to the original fine.

Section 938.23 - Mandatory fines/costs totaling up to the original fine.