Alcohol & Drugs

Drug

Amount

Charge

Penalty

Heroin, Cocaine, Morphine

Less than 15 grams

Class 4 Felony

15-99 grams

Class 1 Felony

4-15 years in prison

100-399 grams

Class 1 Felony

6-30 years in prison

400-899 grams

Class 1 Felony

8-40 years in prison

900 grams or more

Class 1 Felony

10-50 years in prison

Marijuana

30 grams or less

No Penalty

None, $0

More than 30 - 100 g (first offense)

Misdemeanor

1 year in prison, $2,500 fines

More than 30 - 100 g (subsequent offense)

Felony

1-3 years in prison, $25,000 fines

More than 100 - 500 g

Felony

1-3 years in prison, $25,000 fines

501-2,000 grams

Felony

2-5 years in prison, $25,000 fines

2,001-5,000 grams

Felony

3-7 years in prison, $25,000 fines

More than 5,000 grams

Felony

4-15 years in prison, $25,000

Peyote, barbituric acid, amphetamine

200 or more grams

Class 1 Felony

4-15 years in prison, up to $25,000 fine

LSD

15 to 100 grams or 15 or more but less than 200 objects/segregated parts

Class 1 Felony

4-15 years in prison, various fines

100-399 grams or 200 or more but less than 600 objects/segregated parts

Class 1 Felony

6-30 years in prison, various fines

400-899 grams or 600 or more but less than 1500 objects/segregated parts

Class 1 Felony

8-40 years in prison, various fines

900 grams or more or 1500 or more objects/segregated parts

Class 1 Felony

10-50 years in prison, fines up to $200,000

Amphetamines

Less than 15 grams

Class 4 Felony

1-3 years in prison, fines up to $25,000

15 or more but less than 100 grams, or 15 or more but less than 200 tablets, etc.

Class 1 Felony

4-15 years in prison, various fines

100 or more but less than 400 grams or 200 or more but less than 600 tablets, etc.

Class 1 Felony

6-30 years in prison, various fines

400 or more but less than 900 grams or 600 or more but less than 1500 tablets, etc.

Class 1 Felony

12-30 years in prison, various fines

900 grams or more or 1500 or more tablets, etc.

Class 1 Felony

15-60 years in prison, fines up to $25,000

Pentazocine, methaqualone, and PCP

30 grams or more

Class 1 Felony

4-15 years in prison, fines up to $25,000

Schedule I or II narcotics (other than those listed above)

Any amount

Class 1 Felony

4-15 years in prison, fines up to $25,000

Anabolic Steroids

Any amount

Class C misdemeanor for first conviction

Up to 30 days in jail, fines up to $1,500

Any amount

Class B misdemeanor for second conviction within two years of first

Up to 6 months in jail, fines up to $1,500

Type

Charge

Penalty

Providing alcohol to an individual under the age of 21

Misdemeanor

Max. $2,500 fine

Up to 1 year in prison

Felony

Up to $25,000 fines

1+ years in prison

Knowingly allowing underage drinking to occur at a private residence

Fines from $500-$2,500

Up to a year in prison

Knowingly allowing underage drinking to occur at a private residence and serious injury or death occurs

Class 4 Felony

Fines up to $25,000

Up to 3 years in prison

Possession, consumption, purchase, or receipt of alcohol by an individual under the age of 21

Three-month suspension of driving privileges for court supervision, six months for first conviction, one year for second conviction, and license revocation for subsequent convictions

Illegal transportation of alcohol in an automobile by an individual under the age of 21

Anyone in the vehicle can be charged a max. $1,000 fine.

The driver receives a mandatory driver’s license suspension for one year on the first offense and mandatory one-year revocation for subsequent offenses

Action

1^st Offense

2^nd Offense

Zero Tolerance (BAC over 0.0 while driving)

Three-month suspension of driving privileges; six-month suspension with refusal of alcohol testing

One-year suspension of driver’s license; two-year suspension with refusal of testing

DUI Arrest Driving Sanctions (BAC of at least .08%, a showing of other drugs, or refusing to submit to alcohol or drug testing)

Six-month suspension of driving privileges; one-year suspension with refusal of testing.

(if second offense is within 5 years of the first) One-year suspension of driving privileges; three-year suspension with refusal of testing. No driving relief possible.

1^st Conviction

2^nd Conviction

Underage DUI Convictions

Up to one year in jail and fines up to $2,500. Two-year minimum revocation of driver’s license. Not eligible for driving relief until the second year.

Up to one year in jail and fines up to $2,500. Revocation of driver’s license for a minimum of five years or until age 21, whichever is longer. Mandatory minimum imprisonment of five days (or 240 hours of community service)

Aggravated DUI (Resulting in a felony charge, a third DUI conviction, or committing a DUI without a valid license, permit, or insurance)

-          Imprisonment of up to 14 years for DUI resulting in loss of life

-          Imprisonment of up to 28 years for multiple fatalities

-          Felony charges vary for offense from a Class 4 Felony (one to three years of imprisonment) to a Class X Felony (6-30 years)

-          Min. revocation periods vary for offense from a min. of one year to mandatory life

Sanction

1^st Offense

2^nd Offense

3^rd Offense

Jail

Up to 1 year

Up to 1 year

3-7 years

Fines and Penalties

Up to $2,500

Up to $2,500

Up to $2,500

License Suspension

Min. 1 year

Min. 5 years

Min. 10 years

Interlock Ignition Device Required

Yes

Yes

Yes

Drug

Amount

Minimum Sentence

Maximum Sentence

Cannabis/Marijuana

Less than 20 grams

Court Costs (maybe)

365 days in jail

More than 20 grams

Court Costs (won’t happen)

5 years in prison

25-2,000lbs

3 years + $25,000 fine

30 years

2K-10K lbs

7 years + $50,000 fine

30 years

10K lbs and up

15 years + $200,000 fine

30 years

Cocaine

Less than 28 grams

Court Costs (won’t happen)

5 years

28-199,99 grams

3 years + $50,000 fine

30 years

200-399.99 grams

7 years + $100,000 fine

30 years

400 gms – 149.99 kgms

15 years + $250,000 fine

30 years

150 kgms or more

Life, no parole (exceptions)

Life

Heroin, Morphine, Opiates

4-14.99 grams

3 years + $50,000 fine

15-27.99 grams

15 years + $100,000 fine

28 gms – 29.99 kg

25 years + $500,000 fine

30 kg

Life

Life

MDMA/Ecstasy

Less than 10 grams

Court Costs (won’t happen)

5 years

10-199.99 gms

3 years + $50,000 fine

30 years

200-399.99 gms

7 years + $100,000 fine

30 years

400 gms-29.99 kgms

15 years + $250,000 fine

30 years

LSD

Less than 1 gram

Court Costs (won’t happen)

5 years

1-4.99 gms

3 years + $50,000 fine

30 years

5-6.99 gms

7 years + $100,000 fine

30 years

7 gms or more

15 years + $500,00 fine

30 years

Penalty

1^st Offense

2^nd Offense

3^rd Offense

Jail

6 to 9 months

9 months to 1 year

Up to 1 year

Fines and Penalties

$500 to $2,000

$1,000 to $4,000

$2,000 to $5,000

License Suspension

180 days to 1 year

5 years (which can be reduced to 1)

10 years (which can be reduced to 2)

Interlock Ignition Device Required

Yes

Yes

Yes

State of Florida

Hillsborough County

City of Tampa

Definition of alcoholic beverages

Distilled spirits and all beverages containing one-half of 1% or more alcohol by volume.

Same as state’s definition.

Silent. Defer to state definition.

Minimum legal drinking age

21 years old

21 years old

21 years old

Penalties for underage person drinking or underage person’s possession of alcoholic beverages

First offense is a second-degree misdemeanor punishable by fine not to exceed $500 or imprisonment not to exceed 60 days. Second offense is a first degree misdemeanor punishable by a fine not to exceed $1,000 or imprisonment not to exceed one year.

Silent. Defer to state guidelines.

Silent. Defer to state guidelines.

Penalties for furnishing alcoholic beverages to or buying alcoholic beverages for underage persons

Second-degree misdemeanor punishable by fine not to exceed $500 or imprisonment not to exceed 60 days.

Silent. Defer to state guidelines.

Silent. Defer to state guidelines.

Penalties for fraudulent use of fake ID to buy alcoholic beverages

Second-degree misdemeanor punishable by fine not to exceed $500 or imprisonment not to exceed 60 days.

Silent. Defer to state guidelines.

Silent. Defer to state guidelines.

Penalties for underage person drinking on unlicensed premises.

Silent.

Fine not to exceed $500 or imprisonment in the county jail not to exceed 60 days, or both.

Silent.

Penalties for violating open-container laws.

Driver: Noncriminal moving traffic violation. Passenger: Nonmoving traffic violation. Penalties vary greatly for drivers and passengers depending on facts and circumstances. Chapter 318 of the Florida Statutes has details.

Silent. Defer to state guidelines.

Fine not to exceed $500 or imprisonment for a term not to exceed 60 days, and/or a term of probation not to exceed 6 months.

Definition of driving under the influence (DUI)

Blood alcohol level of 0.08 or more grams of alcohol per 100 ml of blood; or breath-alcohol level of 0.08 or more grams of alcohol per 210 L of breath. But, if the driver is under the age of 21, it is unlawful for such person to have a blood-alcohol or breath-alcohol level of 0.02 or higher to drive or be in actual physical control of a motor vehicle. 

Silent. Defer to state guidelines.

Silent. Defer to state guidelines.

Penalties for DUI or for boating under the influence

First conviction: Fine of $250-$500 and imprisonment not to exceed 6 months. Second conviction: Fine of $500-$1,000, imprisonment not to exceed 9 months, and mandatory placement of an ignition interlock device for at least one year. Third conviction within 10 years after a prior conviction: third degree felony punishable by a fine not to exceed $5,000, imprisonment not exceeding 5 years, and mandatory placement of an ignition interlock device for at least two years.

Silent. Defer to state guidelines.

In addition to state penalties, the City of Tampa may deny a driver’s permit for any person convicted of DUI within one year prior to the date of permit application.