Florida DUI Laws & Attorneys
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Florida might tout itself as the sunshine state, but get caught driving under the influence and you might wind up where the sun doesn’t shine. According to law a DUI (driving under the influence with an .08% blood alcohol content) or DUBAL (driving with an unlawful blood alcohol) is defined as operating a vehicle while under the influence of chemical or controlled substances. It is proven by impairment of normal faculties, unsafe driving or unlawful BAC level. And in Florida, a DUI stays on your driving record for life.
If you haven’t been drinking or you believe that you might have ingested alcohol from a ‘benign source’ (mouthwash) or drugs (such as antihistamines or other over the counter drugs) be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not ‘legally drunk’ under the states ‘per se’ BAC law.
In any case, when you are stopped and arrested for suspicion of a DUI, and you are asked if you want to see an attorney, your best answer is the sooner the better.
What’s an attorney going to cost?
As cases vary, so does cost. Most people don’t realize that money spent now on a skillful DUI attorney might save them thousands in the years to come. Jobs, insurance costs, credit ratings, and things you may not be aware of can all be impacted by a criminal record.
I’m simply going to plead guilty, why do I need a lawyer?
Experienced and skilled legal counsel may be able to help mitigate your problems by minimizing your legal problems and maximizing your defenses. A DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
What are statutory assessments?
Additional court costs, depending on the penal or vehicle code violated mandated by state statue.
Can I plea bargain?
You are not going to be able to plea bargain without an attorney. Many cases are resolved prior to trial. Effective counsel often times will be able to negotiate a plea to a lesser charge. While the plea bargain is extremely advantageous to anyone accused of DUI — but remember that if the original charge was DUI, a conviction to any of the following lesser crimes will still count as a prior for calculating the mandatory minimums should that driver re-offend within a 5 year time frame.
What if I am convicted?
Please note that some laws can change from year to year. Also penalties, fines, etc., can vary due to DUI enhancements (see below) and for juvenile offenders. It’s best to get an educated opinion on your specific case circumstances via a referral to one of veteran attorneys.
1st DUI offense
- 180 days to a maximum 1 year license suspension effective on conviction date - mandatory ignition interlock for 6 months.
- Not less than $500 nor more than $1000 in fines. If the BAC is .20 or higher, or if a minor was in the vehicle, not less than $500 nor more than $1,000.
- Court can order interlock ignition device for your vehicle (at your expense) for up to 6 months, up to 9 months if a minor is in the car or BAC is .20%,
- Before expiration of the suspension period, you may apply for a hardship license in the county where you live.
- DUI School completion and treatment, if referred, is required.
- Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver’s license until the course is completed.
- At the time of reinstatement you must take the required examinations and pay fees.
- Proof of liability insurance on the arrest date will be required or proof of liability coverage.
- Total period of probation and jail time may not exceed 1 year.
- Violation of Zero Tolerance Law for minors 6 month license suspension. Must complete a Traffic Law & Substance Abuse Program before any hardship or license reinstatement can occur.
- Vehicle Impound 10 days unless the family of the defendant has no other transportation.
- Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required. Court may grant community service in lieu of DUI fines if defendant is unable to pay.
- At court's discretion time spent in a residential alcoholism or drug abuse treatment program a sentence may be served and credited toward a term of imprisonment.
2nd DUI offense
- Not more than 9 months in jail.
- With BAC of .20% or higher or minor in the vehicle not more than 12 months in jail.
- If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
Not less than $1000 or more than $2,000 in fines. If the BAC is .20% or higher, or if a minor was in the vehicle, not less than $1,000 or more than $2,000.
180 days to 1 year license suspension. Minimum 5-year revocation if second conviction is within 5 years of the first. May be eligible for hardship license after 1 year license suspension.
- The full revocation period must be served before requesting full driver license reinstatement.
- Must complete a Traffic Law & Substance Abuse Program and receive a favorable recommendation from the Special Supervision Services Program before any hardship reinstatement can occur.
- Mandatory ignition interlock device for 1 year.
- 2 year ignition interlock if a minor is in the car or BAC is .20%.
- 30 days vehicle impound if second offense is within 5 years of first. May be waived if family of the defendant has no other transportation.
- Must complete DUI school (21 hours) following conviction and must be completed.
Court may grant community service in lieu of DUI fines if defendant is unable to pay.
• You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license.
• Failure to complete and educational or substance abuse program will result in cancellation of your driver license by the department until the course is completed.
• Proof of liability insurance on the arrest date will be required or proof of liability coverage and a reinstatement fee will be required.
3rd DUI offense
• 30 days mandatory imprisonment if third conviction is within 10 years. At least 48 hours of confinement must be consecutive.
- A 3rd DUI within a 10-year period will result in a 10-year revocation.
- A conviction in more than 10 years will result in a 180-day to 1 year revocation.
- If the last 2 of the convictions fall within 5 years a 5 year revocation will apply. You are not eligible for a hardship license, until the revocation period is over.
Minimum 10 years revocation for 3rd conviction within 10 years. May be eligible for hardship reinstatement after 2 years.
- Not less than $1,000, or more than $2,500 fines for 3rd conviction in more than 10 years.
- With BAC of .20% or higher or minor in the vehicle, not less than $2,000.
- Not more than $5,000 fines for 3rd conviction within 10 years. With BAL of .20 or higher or minor in the vehicle, not less than $2,000.
Must complete a Traffic Law & Substance Abuse Program and receive a favorable recommendation from the Special Supervision Services Program before any hardship reinstatement can occur.
4th DUI offense
- Not more than 5 years jail for a habitual.
- Mandatory permanent revocation of license for vehicular death.
- There is no provision for a hardship license.
- Not less than $1,000 in fines. With BAC of .20% or higher or minor in the vehicle not less than $2,000.
What happens if I refused a breath, blood or urine test?
Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings.
- 1st refusal, license suspended for 1 year. Second or subsequent refusals, suspended for 18 months.
- 1st refusal in a commercial motor vehicle, disqualified for 1 year.
- 2nd or subsequent refusals in a commercial motor vehicle, disqualified permanently. No hardship reinstatement permitted.
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.
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.
90 days of the suspension must be served before a driver is eligible to apply for a hardship license on the 1st suspension.
- No hardship license is permitted if you have refused to submit two or more times.
- You must provide proof of enrollment in a DUI School, with a favorable recommendation, before consideration for a hardship license.
Failure to complete any mandated course within 90 days after reinstatement will result in cancellation of your driver license until the course is completed.
Substance abuse treatment, if referred, is required. Failure to complete treatment will result in cancellation of your driver license.
- Proof of liability coverage insurance will be required.
Can I get a hardship license?
- Not if you have refused to submit to a chemical test 2 or more times.
- You cannot obtain a hardship license to operate a commercial motor vehicle if you have lost that license.
You must provide proof of enrollment in a DUI School to the Administrative Reviews Office for consideration for a hardship license.
Failure to complete the DUI school within 90 days will result in cancellation of your driver’s license by the department until the course is completed.
Substance abuse treatment, if referred, is required. Failure to complete treatment will result in cancellation of your driver’s license.
- Proof of liability insurance plus fees will be required.
- 1st conviction DUI school must be completed,
- Mandatory ignition interlock device is required for up to 6 months for BAC of .20% or higher, or for 2 years if BAC is greater than .20%.
- 2nd conviction mandatory ignition interlock device for one year.
- 2nd conviction within 5 years requires 5 year revocation. Application for hardship reinstatement hearing accepted after one year.
Completion of DUI school mandatory and offender will 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.
3rd conviction within 10 Years requires 10 year revocation. Application for hardship reinstatement hearing after 2 years and completion of DUI programs.
- Must have clean drug, alcohol and driving record for1 year.
What happens to my driving privilege if convicted of driving a commercial motor vehicle under the influence?
- BAC limit for commercial drivers is .04% or higher.
- One-year license revocation for 1st offense or refusal to take breath test.
- Permanent disqualification of license for 2nd offense.
- No hardship provisions.
- 3 years disqualification if transporting hazardous materials when arrested.
- Failure to complete any substance abuse treatment will result in cancellation of your driver license.
- Provide proof of liability insurance and reinstatement fees will be required.
- 1 year suspension for driving a commercial motor vehicle while in possession of a controlled substance. (In addition to any provisions for DUI convictions).
2nd or subsequent conviction will result in a permanent disqualification from operating a commercial motor vehicle.
Other info you should know
Under the Divers License Compact agreement out of state drivers can lose their license at home if convicted in Florida.
When insurance carriers discovers a DUI charge or conviction they can raise your rates or cancel your policy. (If the insurer keeps the policy they will probably rate you as a high risk driver and require the insured to provide the state motor vehicle agency with an SR-22 Proof of Insurance Certificate).
Not more than $1,000 fine or 1-year imprisonment) for any person who causes property damage (over $500) or personal injury to another while driving under the influence.
Not more than $5,000 fine and/or 5 years imprisonment for any person convicted of a 3rd DUI within 10 years. This is also considered a 3rd Degree Felony.
Not more than $5,000 fine and/or 5 years imprisonment for any person who causes serious bodily injury while driving under the influence. This is considered a 3rd Degree Felony.
Impounding a Vehicle
- 1st conviction is10 days impound, unless the family of the defendant has no other transportation.
- 2nd conviction within 5 years is 30 days.
- 3rd conviction within 10 years is 90 days.
- The court may dismiss the order of impoundment of any vehicles owned by the defendant if they are operated solely by the employees of the defendant.
-- Disclaimer --
Only educated and licensed professionals should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for consulting with an accredited attorney. There is no warrantee, expressed or implied herein. DUI issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional.
-- Citations --
s. 316.193, F.S. DUI law
s. 316.193 (6)(a), F.S. (community service)
1st DUI Fine Schedule s. 316.193(2)(a)-(b), F.S (fines)
Section 316.193, Florida Statutes
Requires Ignition Interlock Devices to be Installed on the
Vehicles of Persons Convicted of DUI.
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.
Probation - s. 316.193 (5)(6), F.S.
Commercial Motor Vehicles (CMV) Alcohol-Related Convictions/Disqualifications-s. 322.61, F.S.
Conditions for Release of Persons Arrested for DUI-s. 316.193 (9), F.S
DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.
DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.
DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.
Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.
