DWI/DUI - Drunk Driving Laws And Attorneys In Florida
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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Florida DUI and Drivers License Suspension Laws
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical
Substances or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal
faculties or unlawful blood alcohol or breath alcohol level of .08 or
above. The penalties upon conviction are the same, regardless of the
manner in which the offense is proven.
Fine Schedule s. 316.193(2)(a)-(b), F.S.
First Conviction: Not less than $500, or more than $1,000. With
Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle:
Not less than $1,000, or more than $2,000.
Second Conviction: Not less than $1,000, or more than $2,000. With BAL
of .15 or higher or minor in the vehicle: Not less than $2,000, or more
than $4,000.
Third Conviction More than 10 years from second: Not less than $2,000,
or more than $5,000. With BAL of .15 or higher or minor in the vehicle:
Not less than $4,000.
Fourth or Subsequent Conviction: Not less than $2,000.
Community Service - s. 316.193 (6)(a), F.S.
First Conviction: Mandatory 50 hours of community service or additional
fine of $10 for each hour of community service required.
Probation - s. 316.193 (5)(6), F.S.
First conviction, total period of probation and incarceration may not
exceed 1 year.
Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
At court's discretion, sentencing terms may be served in a residential
alcoholism or drug abuse treatment program, credited toward term of
imprisonment.
First Conviction: Not more than 6 months. With BAL of .15 or higher or
minor in the vehicle: Not more than 9 months.
Second Conviction: Not more than 9 months. With BAL of .15 or higher
or minor in the vehicle: Not more than 12 months. If second conviction
within 5 years, mandatory imprisonment of at least 10 days. At least 48
hours of confinement must be consecutive.
Third Conviction: If third conviction within 10 years, mandatory
imprisonment of at least 30 days. At least 48 hours of confinement must
be consecutive. If third conviction more than 10 years, imprisonment for
not more than 12 months.
Fourth or Subsequent Conviction: Not more than 5 years or as provided
in s.775.084, Florida Statutes, as habitual/violent offender.
Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.
Unless the family of the defendant has no other transportation: First
conviction = 10 days; second conviction within 5 years = 30 days; third
conviction within 10 years = 90 days. Impoundment or immobilization
must not occur concurrently with incarceration. The court may dismiss
the order of impoundment of any vehicles that are owned by the
defendant if they are operated solely by the employees of the defendant
or any business owned by the defendant.
Conditions for Release of Persons Arrested for DUI-s. 316.193 (9), F.S.
The person is no longer under the influence and;
The person's normal faculties are no longer impaired
The person's blood/breath alcohol level is lower than 0.05; or
Eight hours have elapsed from the time the person was arrested.
DUI Misdemeanor Conviction: (Accident Involving Property Damage or
Personal Injury)-s. 316.193 (3), F.S.
Any person who causes property damage or personal injury to another
while driving under the influence is guilty of a First Degree Misdemeanor
(not more than $1,000 fine or 1-year imprisonment).
DUI Felony Conviction: (Repeat Offenders or Accidents Involving
Serious Bodily Injury)-s. 316.193 (2),(3) F.S.
Any person convicted of a third DUI within 10 years or a fourth or
subsequent DUI commits a Third Degree Felony (not more than $5,000
fine and/or 5 years imprisonment).
Any person who causes serious bodily injury while driving under the
influence is guilty of a Third Degree Felony (not more than $5,000 fine
and/or 5 years imprisonment) or if habitual/violent felony offender as
provided in s. 775.084, F.S.
Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.
DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine
and/or 15 years imprisonment).
DUI Manslaughter/Leaving the Scene: A driver convicted of DUI
Manslaughter who knew/should have known accident occurred; and
failed to give information or render aid is guilty of a First Degree Felony
(not more than $10,000 fine and/or 30 years imprisonment).
Vehicular Homicide: Second Degree Felony (not more than $10,000 fine
and/or 15 years imprisonment).
Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular
homicide who left the scene of an accident is guilty of a First Degree
Felony (nor more than $10,000 fine and/or 30 years imprisonment).
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s.
322.28,F.S.
A. First Conviction: Minimum 180 days revocation, maximum 1 year.
B. Second Conviction Within 5 Years: Minimum 5 years revocation. May
be eligible for hardship reinstatement after 1 year. Other 2nd offenders
same as "A" above.
C. Third Conviction Within 10 Years: Minimum 10 years revocation. May
be eligible for hardship reinstatement after 2 years. Other 3rd offenders
same as "A" above; one conviction more than 10 years prior and one
within 5 years, same as "B" above.
D. Fourth Conviction, Regardless of When Prior Convictions Occurred)
and Murder with Motor Vehicle: Mandatory permanent revocation. No
hardship reinstatement.
E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI
related convictions, may be eligible for hardship reinstatement after 5
years.
F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide
Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury
having prior DUI conviction is same as "B-D" above.
Commercial Motor Vehicles (CMV) – Alcohol-Related
Convictions/Disqualifications-s. 322.61, F.S.
Persons convicted of driving a commercial motor vehicle with a blood
alcohol level of .04 or above: driving a motor vehicle while he or she is
under the influence of alcohol or a controlled substance or refusing to
submit to a test to determine the alcohol concentration while driving a
commercial motor vehicle, driving a commercial motor vehicle while
under the influence of alcohol or controlled substance, or driving a
commercial motor vehicle while in possession of a controlled
substance shall be disqualified from operating a commercial motor
vehicle for a period of 1 year. This is in addition to any provisions of s.
316.193 for DUI convictions.
Second or subsequent conviction of any of the above offenses arising
out of separate incidents will result in a permanent disqualification from
operating a commercial motor vehicle.
There are no provisions for persons disqualified from operating a
commercial motor vehicle to obtain a hardship (business or
employment) license to operate a commercial motor vehicle.
Business Purposes Only/Employment Purposes Only Reinstatements-
s. 322.271, F.S. and s. 322.28, F.S.
First Conviction: Must complete DUI school, apply to department for
hearing for possible hardship reinstatement. Mandatory ignition
interlock device for up to six months for BAL of .15.
Second Convictions (or more): No hardship license except as provided
below. Mandatory ignition interlock device for one year, or for two years if
BAL is greater than .20.
Second Conviction Within 5 Years: (5-Year Revocation) May apply for
hardship reinstatement hearing after one year. Must complete DUI
school and remain in the DUI supervision program for the remainder of
the revocation period (failure to report for counseling or treatment shall
result in cancellation of the hardship license). Applicant may not have
consumed any alcoholic beverage or controlled substance or driven a
motor vehicle for 12 months prior to reinstatement. Mandatory ignition
interlock device for one year or for two years if BAL is greater than .15.
Third Conviction Within 10 Years: (10-Year Revocation) May apply for
hardship reinstatement hearing after two years. Must complete DUI
school and remain in the DUI supervision program for the remainder of
the revocation period (failure to report for counseling or treatment shall
result in the cancellation of the hardship license). Applicant may not
have consumed any alcoholic beverage or controlled substance or
driven a motor vehicle for 12 months prior to reinstatement. Mandatory
ignition interlock device for two years.
DUI Manslaughter With No Prior DUI Related Conviction: (Permanent
Revocation): May be eligible for hardship reinstatement after 5 years
have expired from date of revocation or expired from date of term of
incarceration provided the following requirements have been met:
1. Has not been arrested for a drug-related offense for at least 5 years
prior to the hearing;
2. Has not driven a motor vehicle without a license for at least 5 years
prior to the hearing;
3. Has been alcohol and drug-free for at least 5 years prior to the
hearing; and
4. Must complete a DUI school and must be supervised under the DUI
program for the remainder of the revocation period (failure to report for
counseling or treatment shall result in cancellation of the hardship
license).
5. Ignition interlock device required for two years.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide
Convictions: (3 Year Revocation): May immediately apply for hardship
reinstatement hearing. Must complete DUI school or advanced driver
improvement course.
DUI School Requirements - s. 316.193 F.S., s. 322.271, F.S., s. 322.291,
F.S.
First Conviction: Must complete DUI school before hardship
reinstatement. Customers who wait out revocation period before
reinstatement need only show proof of enrollment or completion to
become re-licensed. If customer enrolls and is reinstated after
revocation period expires, failure to complete the DUI school within 90
days after reinstatement will result in license cancellation; the driver
cannot then be re-licensed until DUI school is completed.
Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in
10 Years (10-Year Revocation): Customer must complete DUI school
following conviction. See requirements in 13C and 13D respectively.
DUI Manslaughter With No Prior DUI Related Conviction: (Permanent
Revocation): Must complete DUI school before hardship reinstatement.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide:
(Minimum 3 year Revocation): See 13F
Customers Who Wait Until Revocation Period Expires: Must enroll in
DUI school and pass the driver license examinations to be re-licensed.
Failure to complete the school within 90 days after such reinstatement
will result in cancellation of the license until the school is completed.
Reckless Driving: If the court has reasonable cause to believe that the
use of alcohol, chemical or controlled substances contributed to a
violation of reckless driving, the person convicted of reckless driving
must complete DUI school if ordered by the court.
Treatment: Treatment resulting from a psychosocial evaluation may not
be waived without a supporting psychosocial evaluation by a court
appointed agency with access to the original evaluation.
Chemical or Physical Test Provisions (Implied Consent Law)-s.
316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S
Refusal: Refusal to submit to a breath, urine, or blood test is admissible
as evidence in DUI criminal proceedings. Second or subsequent refusal
is a misdemeanor of the first degree.
Driver License Suspension Periods: First refusal, suspended for 1 year.
Second or subsequent refusals, suspended for 18 months.
Commercial Driver License Disqualification Periods: First refusal in a
commercial motor vehicle, disqualified for 1 year. Second or
subsequent refusals in a commercial motor vehicle, disqualified
permanently. No hardship reinstatement permitted.
Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in
DUI cases involving serious bodily injury or death by authorized medical
personnel with the use of reasonable force by the arresting officer, even
if the driver refuses.
Unconscious: Any person who is incapable of refusal by reason of
unconsciousness or other mental or physical condition shall be
deemed not to have withdrawn his consent to such test. A blood test
may be administered whether or not such person is told that his failure
to submit to such a blood test will result in the suspension of his
privilege to operate a motor vehicle.
Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S.,
for persons under the age of 21. Reading is admissible as evidence in
any administrative hearing conducted under s. 322.2616, F.S.
Adjudication and Sentencing - s. 316.656, F.S., s. 322.2615 F.S.
Penalty to be Imposed by Court: Judges are prohibited from deviating
from the administrative suspension/revocation periods mandated by
statute. The courts are prohibited from withholding adjudication in DUI
cases; or from reducing a DUI charge if the defendant's blood alcohol
was .15 or greater.
Adjudication and Sentencing - s. 316.656, F.S., s. 322.2615 F.S.
Penalty to be Imposed by Court: Judges are prohibited from deviating
from the administrative suspension/revocation periods mandated by
statute. The courts are prohibited from withholding adjudication in DUI
cases; or from reducing a DUI charge if the defendant's blood alcohol
was .15 or greater.
Administrative Suspension of Persons Under the Age of 21 for Driving
With an Alcohol Level .02 or Above
Section 322.2616, Florida Statutes, authorizes law enforcement officers
having probable cause to believe that a motor vehicle is being driven by
or is in the actual physical control of a person who is under the age of 21
while under the influence of alcoholic beverages or who has any alcohol
level may lawfully detain this person and may request them to submit to
a test to determine the alcohol level. This violation is neither a traffic
infraction nor a criminal offense, nor does being detained under this
statute constitute an arrest.
First Suspension for Persons Under the Age of 21 With An Alcohol Level .
02 or above: 6 months.
Second or Subsequent Suspensions 1 year.
First Suspension for Refusal to Submit to Breath Test: 1 year.
Second or Subsequent Suspensions for Refusal: 18 months.
The suspension is effective immediately. If the breath or blood alcohol
level is .05 or higher the suspension shall remain in effect until
completion of a substance abuse evaluation and course. The officer will
issue the driver a temporary permit effective 12 hours after issuance
which is valid for 10 days, provided the driver is otherwise eligible.
Administrative Suspension Law - s. 322.2615, F.S., s. 316.193, F.S., s.
316.1932, F.S.
First Suspension for Driving With an Unlawful Alcohol Level (.08 or
above): 6 months.
Second or Subsequent Suspensions for Driving With an Unlawful
Alcohol Level (.08 or above): 1 year.
First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1
year.
Second or Subsequent Suspensions for Refusal: 18 months.
The suspension is effective immediately The officer will issue the driver
a temporary permit valid for 10 days from the date of arrest, provided the
driver is otherwise eligible.
Administrative Disqualification Law
First Disqualification for Driving a Commercial Motor Vehicle With an
Unlawful Blood Alcohol Level (.04 or above): 1 year disqualification
Driving a motor vehicle while he or she is under the influence of alcohol
or a controlled substance: 1 year disqualification
First Disqualification for Refusal to Submit to Breath, Urine or Blood Test
Arising from the Operation of a Commercial Motor Vehicle: 1-year
disqualification
Second or Subsequent Disqualification for Refusal to Submit to Breath,
Urine, or Blood Test Arising from the Operation of a Commercial Motor
Vehicle: permanently disqualified.
Second or Subsequent Disqualification of driving a motor vehicle while
he or she is under the influence of alcohol or a controlled substance:
Permanently disqualification
The disqualification is effective immediately upon refusal of the breath,
urine or blood test or determination that the driver has a blood alcohol
level of .08 or above, while operating or in actual physical control of a
commercial motor vehicle. The officer will issue the driver a temporary
permit which is valid for 10 days from the date of arrest or
disqualification, provided the driver is otherwise eligible. However, the
permit does not authorize the operation of a commercial motor vehicle
for the first 24 hours of disqualification.
Review Hearings For Administrative Suspensions And
Disqualifications
Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of
Highway Safety and Motor Vehicles upon the request of the driver to
conduct formal and informal reviews for the purpose of sustaining,
amending or invalidating administrative suspensions and
disqualifications. The decisions of the department shall not be
considered in any trial for a violation of s. 316.193, F.S., nor shall any
written statement submitted by a person in his request for review be
admissible into evidence against him in any such trial. The disposition
of any related criminal proceedings shall not affect a
suspension/disqualification.
Business or Employment Reinstatement:
1.Suspension for Driving With an Unlawful Alcohol Level of .08 or above
or Refusal: Must show proof of enrollment in DUI school and apply for
an administrative hearing for possible hardship reinstatement. For
unlawful alcohol level must serve 30 days without driver license or
permit prior to eligibility for hardship reinstatement. For first refusal must
serve 90 days without driver license or permit prior to eligibility for
hardship reinstatement. No hardship reinstatement for two or more
refusals.
2. Suspension - Persons Under Age of 21 Driving With a Breath Alcohol
Level of .02 or above: Must complete a Traffic Law and Substance Abuse
Education course before hardship reinstatement. .05 or higher, must
complete DUI program prior to eligibility for hardship reinstatement.
Must serve 30 days without driver license or permit prior to eligibility for
hardship reinstatement.
Hardship License Prohibited:
1. Florida law prohibits any hardship reinstatement upon 2nd or
subsequent suspension for test refusal or if driver has been convicted of
(DUI) section 316.193, F.S., two or more times.
2. Persons disqualified from operating a commercial motor vehicle
cannot obtain a hardship license to operate a commercial motor vehicle.
Find DWI/DUI Lawyers And Attorneys In Florida
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical
Substances or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal
faculties or unlawful blood alcohol or breath alcohol level of .08 or
above. The penalties upon conviction are the same, regardless of the
manner in which the offense is proven.
Fine Schedule s. 316.193(2)(a)-(b), F.S.
First Conviction: Not less than $500, or more than $1,000. With
Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle:
Not less than $1,000, or more than $2,000.
Second Conviction: Not less than $1,000, or more than $2,000. With BAL
of .15 or higher or minor in the vehicle: Not less than $2,000, or more
than $4,000.
Third Conviction More than 10 years from second: Not less than $2,000,
or more than $5,000. With BAL of .15 or higher or minor in the vehicle:
Not less than $4,000.
Fourth or Subsequent Conviction: Not less than $2,000.
Community Service - s. 316.193 (6)(a), F.S.
First Conviction: Mandatory 50 hours of community service or additional
fine of $10 for each hour of community service required.
Probation - s. 316.193 (5)(6), F.S.
First conviction, total period of probation and incarceration may not
exceed 1 year.
Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
At court's discretion, sentencing terms may be served in a residential
alcoholism or drug abuse treatment program, credited toward term of
imprisonment.
First Conviction: Not more than 6 months. With BAL of .15 or higher or
minor in the vehicle: Not more than 9 months.
Second Conviction: Not more than 9 months. With BAL of .15 or higher
or minor in the vehicle: Not more than 12 months. If second conviction
within 5 years, mandatory imprisonment of at least 10 days. At least 48
hours of confinement must be consecutive.
Third Conviction: If third conviction within 10 years, mandatory
imprisonment of at least 30 days. At least 48 hours of confinement must
be consecutive. If third conviction more than 10 years, imprisonment for
not more than 12 months.
Fourth or Subsequent Conviction: Not more than 5 years or as provided
in s.775.084, Florida Statutes, as habitual/violent offender.
Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.
Unless the family of the defendant has no other transportation: First
conviction = 10 days; second conviction within 5 years = 30 days; third
conviction within 10 years = 90 days. Impoundment or immobilization
must not occur concurrently with incarceration. The court may dismiss
the order of impoundment of any vehicles that are owned by the
defendant if they are operated solely by the employees of the defendant
or any business owned by the defendant.
Conditions for Release of Persons Arrested for DUI-s. 316.193 (9), F.S.
The person is no longer under the influence and;
The person's normal faculties are no longer impaired
The person's blood/breath alcohol level is lower than 0.05; or
Eight hours have elapsed from the time the person was arrested.
DUI Misdemeanor Conviction: (Accident Involving Property Damage or
Personal Injury)-s. 316.193 (3), F.S.
Any person who causes property damage or personal injury to another
while driving under the influence is guilty of a First Degree Misdemeanor
(not more than $1,000 fine or 1-year imprisonment).
DUI Felony Conviction: (Repeat Offenders or Accidents Involving
Serious Bodily Injury)-s. 316.193 (2),(3) F.S.
Any person convicted of a third DUI within 10 years or a fourth or
subsequent DUI commits a Third Degree Felony (not more than $5,000
fine and/or 5 years imprisonment).
Any person who causes serious bodily injury while driving under the
influence is guilty of a Third Degree Felony (not more than $5,000 fine
and/or 5 years imprisonment) or if habitual/violent felony offender as
provided in s. 775.084, F.S.
Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.
DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine
and/or 15 years imprisonment).
DUI Manslaughter/Leaving the Scene: A driver convicted of DUI
Manslaughter who knew/should have known accident occurred; and
failed to give information or render aid is guilty of a First Degree Felony
(not more than $10,000 fine and/or 30 years imprisonment).
Vehicular Homicide: Second Degree Felony (not more than $10,000 fine
and/or 15 years imprisonment).
Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular
homicide who left the scene of an accident is guilty of a First Degree
Felony (nor more than $10,000 fine and/or 30 years imprisonment).
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s.
322.28,F.S.
A. First Conviction: Minimum 180 days revocation, maximum 1 year.
B. Second Conviction Within 5 Years: Minimum 5 years revocation. May
be eligible for hardship reinstatement after 1 year. Other 2nd offenders
same as "A" above.
C. Third Conviction Within 10 Years: Minimum 10 years revocation. May
be eligible for hardship reinstatement after 2 years. Other 3rd offenders
same as "A" above; one conviction more than 10 years prior and one
within 5 years, same as "B" above.
D. Fourth Conviction, Regardless of When Prior Convictions Occurred)
and Murder with Motor Vehicle: Mandatory permanent revocation. No
hardship reinstatement.
E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI
related convictions, may be eligible for hardship reinstatement after 5
years.
F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide
Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury
having prior DUI conviction is same as "B-D" above.
Commercial Motor Vehicles (CMV) – Alcohol-Related
Convictions/Disqualifications-s. 322.61, F.S.
Persons convicted of driving a commercial motor vehicle with a blood
alcohol level of .04 or above: driving a motor vehicle while he or she is
under the influence of alcohol or a controlled substance or refusing to
submit to a test to determine the alcohol concentration while driving a
commercial motor vehicle, driving a commercial motor vehicle while
under the influence of alcohol or controlled substance, or driving a
commercial motor vehicle while in possession of a controlled
substance shall be disqualified from operating a commercial motor
vehicle for a period of 1 year. This is in addition to any provisions of s.
316.193 for DUI convictions.
Second or subsequent conviction of any of the above offenses arising
out of separate incidents will result in a permanent disqualification from
operating a commercial motor vehicle.
There are no provisions for persons disqualified from operating a
commercial motor vehicle to obtain a hardship (business or
employment) license to operate a commercial motor vehicle.
Business Purposes Only/Employment Purposes Only Reinstatements-
s. 322.271, F.S. and s. 322.28, F.S.
First Conviction: Must complete DUI school, apply to department for
hearing for possible hardship reinstatement. Mandatory ignition
interlock device for up to six months for BAL of .15.
Second Convictions (or more): No hardship license except as provided
below. Mandatory ignition interlock device for one year, or for two years if
BAL is greater than .20.
Second Conviction Within 5 Years: (5-Year Revocation) May apply for
hardship reinstatement hearing after one year. Must complete DUI
school and remain in the DUI supervision program for the remainder of
the revocation period (failure to report for counseling or treatment shall
result in cancellation of the hardship license). Applicant may not have
consumed any alcoholic beverage or controlled substance or driven a
motor vehicle for 12 months prior to reinstatement. Mandatory ignition
interlock device for one year or for two years if BAL is greater than .15.
Third Conviction Within 10 Years: (10-Year Revocation) May apply for
hardship reinstatement hearing after two years. Must complete DUI
school and remain in the DUI supervision program for the remainder of
the revocation period (failure to report for counseling or treatment shall
result in the cancellation of the hardship license). Applicant may not
have consumed any alcoholic beverage or controlled substance or
driven a motor vehicle for 12 months prior to reinstatement. Mandatory
ignition interlock device for two years.
DUI Manslaughter With No Prior DUI Related Conviction: (Permanent
Revocation): May be eligible for hardship reinstatement after 5 years
have expired from date of revocation or expired from date of term of
incarceration provided the following requirements have been met:
1. Has not been arrested for a drug-related offense for at least 5 years
prior to the hearing;
2. Has not driven a motor vehicle without a license for at least 5 years
prior to the hearing;
3. Has been alcohol and drug-free for at least 5 years prior to the
hearing; and
4. Must complete a DUI school and must be supervised under the DUI
program for the remainder of the revocation period (failure to report for
counseling or treatment shall result in cancellation of the hardship
license).
5. Ignition interlock device required for two years.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide
Convictions: (3 Year Revocation): May immediately apply for hardship
reinstatement hearing. Must complete DUI school or advanced driver
improvement course.
DUI School Requirements - s. 316.193 F.S., s. 322.271, F.S., s. 322.291,
F.S.
First Conviction: Must complete DUI school before hardship
reinstatement. Customers who wait out revocation period before
reinstatement need only show proof of enrollment or completion to
become re-licensed. If customer enrolls and is reinstated after
revocation period expires, failure to complete the DUI school within 90
days after reinstatement will result in license cancellation; the driver
cannot then be re-licensed until DUI school is completed.
Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in
10 Years (10-Year Revocation): Customer must complete DUI school
following conviction. See requirements in 13C and 13D respectively.
DUI Manslaughter With No Prior DUI Related Conviction: (Permanent
Revocation): Must complete DUI school before hardship reinstatement.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide:
(Minimum 3 year Revocation): See 13F
Customers Who Wait Until Revocation Period Expires: Must enroll in
DUI school and pass the driver license examinations to be re-licensed.
Failure to complete the school within 90 days after such reinstatement
will result in cancellation of the license until the school is completed.
Reckless Driving: If the court has reasonable cause to believe that the
use of alcohol, chemical or controlled substances contributed to a
violation of reckless driving, the person convicted of reckless driving
must complete DUI school if ordered by the court.
Treatment: Treatment resulting from a psychosocial evaluation may not
be waived without a supporting psychosocial evaluation by a court
appointed agency with access to the original evaluation.
Chemical or Physical Test Provisions (Implied Consent Law)-s.
316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S
Refusal: Refusal to submit to a breath, urine, or blood test is admissible
as evidence in DUI criminal proceedings. Second or subsequent refusal
is a misdemeanor of the first degree.
Driver License Suspension Periods: First refusal, suspended for 1 year.
Second or subsequent refusals, suspended for 18 months.
Commercial Driver License Disqualification Periods: First refusal in a
commercial motor vehicle, disqualified for 1 year. Second or
subsequent refusals in a commercial motor vehicle, disqualified
permanently. No hardship reinstatement permitted.
Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in
DUI cases involving serious bodily injury or death by authorized medical
personnel with the use of reasonable force by the arresting officer, even
if the driver refuses.
Unconscious: Any person who is incapable of refusal by reason of
unconsciousness or other mental or physical condition shall be
deemed not to have withdrawn his consent to such test. A blood test
may be administered whether or not such person is told that his failure
to submit to such a blood test will result in the suspension of his
privilege to operate a motor vehicle.
Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S.,
for persons under the age of 21. Reading is admissible as evidence in
any administrative hearing conducted under s. 322.2616, F.S.
Adjudication and Sentencing - s. 316.656, F.S., s. 322.2615 F.S.
Penalty to be Imposed by Court: Judges are prohibited from deviating
from the administrative suspension/revocation periods mandated by
statute. The courts are prohibited from withholding adjudication in DUI
cases; or from reducing a DUI charge if the defendant's blood alcohol
was .15 or greater.
Adjudication and Sentencing - s. 316.656, F.S., s. 322.2615 F.S.
Penalty to be Imposed by Court: Judges are prohibited from deviating
from the administrative suspension/revocation periods mandated by
statute. The courts are prohibited from withholding adjudication in DUI
cases; or from reducing a DUI charge if the defendant's blood alcohol
was .15 or greater.
Administrative Suspension of Persons Under the Age of 21 for Driving
With an Alcohol Level .02 or Above
Section 322.2616, Florida Statutes, authorizes law enforcement officers
having probable cause to believe that a motor vehicle is being driven by
or is in the actual physical control of a person who is under the age of 21
while under the influence of alcoholic beverages or who has any alcohol
level may lawfully detain this person and may request them to submit to
a test to determine the alcohol level. This violation is neither a traffic
infraction nor a criminal offense, nor does being detained under this
statute constitute an arrest.
First Suspension for Persons Under the Age of 21 With An Alcohol Level .
02 or above: 6 months.
Second or Subsequent Suspensions 1 year.
First Suspension for Refusal to Submit to Breath Test: 1 year.
Second or Subsequent Suspensions for Refusal: 18 months.
The suspension is effective immediately. If the breath or blood alcohol
level is .05 or higher the suspension shall remain in effect until
completion of a substance abuse evaluation and course. The officer will
issue the driver a temporary permit effective 12 hours after issuance
which is valid for 10 days, provided the driver is otherwise eligible.
Administrative Suspension Law - s. 322.2615, F.S., s. 316.193, F.S., s.
316.1932, F.S.
First Suspension for Driving With an Unlawful Alcohol Level (.08 or
above): 6 months.
Second or Subsequent Suspensions for Driving With an Unlawful
Alcohol Level (.08 or above): 1 year.
First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1
year.
Second or Subsequent Suspensions for Refusal: 18 months.
The suspension is effective immediately The officer will issue the driver
a temporary permit valid for 10 days from the date of arrest, provided the
driver is otherwise eligible.
Administrative Disqualification Law
First Disqualification for Driving a Commercial Motor Vehicle With an
Unlawful Blood Alcohol Level (.04 or above): 1 year disqualification
Driving a motor vehicle while he or she is under the influence of alcohol
or a controlled substance: 1 year disqualification
First Disqualification for Refusal to Submit to Breath, Urine or Blood Test
Arising from the Operation of a Commercial Motor Vehicle: 1-year
disqualification
Second or Subsequent Disqualification for Refusal to Submit to Breath,
Urine, or Blood Test Arising from the Operation of a Commercial Motor
Vehicle: permanently disqualified.
Second or Subsequent Disqualification of driving a motor vehicle while
he or she is under the influence of alcohol or a controlled substance:
Permanently disqualification
The disqualification is effective immediately upon refusal of the breath,
urine or blood test or determination that the driver has a blood alcohol
level of .08 or above, while operating or in actual physical control of a
commercial motor vehicle. The officer will issue the driver a temporary
permit which is valid for 10 days from the date of arrest or
disqualification, provided the driver is otherwise eligible. However, the
permit does not authorize the operation of a commercial motor vehicle
for the first 24 hours of disqualification.
Review Hearings For Administrative Suspensions And
Disqualifications
Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of
Highway Safety and Motor Vehicles upon the request of the driver to
conduct formal and informal reviews for the purpose of sustaining,
amending or invalidating administrative suspensions and
disqualifications. The decisions of the department shall not be
considered in any trial for a violation of s. 316.193, F.S., nor shall any
written statement submitted by a person in his request for review be
admissible into evidence against him in any such trial. The disposition
of any related criminal proceedings shall not affect a
suspension/disqualification.
Business or Employment Reinstatement:
1.Suspension for Driving With an Unlawful Alcohol Level of .08 or above
or Refusal: Must show proof of enrollment in DUI school and apply for
an administrative hearing for possible hardship reinstatement. For
unlawful alcohol level must serve 30 days without driver license or
permit prior to eligibility for hardship reinstatement. For first refusal must
serve 90 days without driver license or permit prior to eligibility for
hardship reinstatement. No hardship reinstatement for two or more
refusals.
2. Suspension - Persons Under Age of 21 Driving With a Breath Alcohol
Level of .02 or above: Must complete a Traffic Law and Substance Abuse
Education course before hardship reinstatement. .05 or higher, must
complete DUI program prior to eligibility for hardship reinstatement.
Must serve 30 days without driver license or permit prior to eligibility for
hardship reinstatement.
Hardship License Prohibited:
1. Florida law prohibits any hardship reinstatement upon 2nd or
subsequent suspension for test refusal or if driver has been convicted of
(DUI) section 316.193, F.S., two or more times.
2. Persons disqualified from operating a commercial motor vehicle
cannot obtain a hardship license to operate a commercial motor vehicle.
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