Florida DUI Laws & Attorneys
by Joshua Dale
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.
Other Research
What Happens to First Offenders
Florida DUI Information: Driving with an unlawful alcohol level (DUBAL) – (.08)
Immediate License Suspension
According to Florida DUI law, your license will be suspended as of the arrest date for 6 months for the first offense and one year for any other offense of DUBAL. You will be given a 10-day permit on the date of the arrest. Once the permit has expired, then 30 days of the suspension must be served before the driver is eligible to apply for a hardship license. You will be eligible for a hardship license on the first and any consecutive suspension, unless you have been convicted of a DUI in Florida two or more times. Under the Florida DUI law, you must provide proof of enrollment in a driving under the influence school to the Administrative Reviews Office for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $35 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.
DUI Test Refusals
If you refuse to submit to a breath/urine test, Florida DUI law requires that your license be suspended as of the arrest date for one year for the first offense and 18 months for any consecutive offenses. You will be given a 10-day permit on the date of arrest and when the permit expires must serve 90 days of the suspension before the driver is eligible to apply for a hardship license on the first 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 to the Administrative Reviews Office for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office.
At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $35 reinstatement fee and any license fee required. Under Florida DUI law, proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.
Penalties for a DUI in Florida
1st DUI – 180 day to 1 year revocation effective on conviction date. Before expiration of the revocation period, you may apply for a hardship license in the county where you live. DUI School completion and treatment, if referred, is required. You then can apply for a hardship license in any Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) where you live. If you wait to reinstate your license until your revocation period ends, proof of enrollment or completion of DUI School and treatment, if referred, is required. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.
2nd DUI conviction in more than 5 years will result in a 180 day to 1 year revocation. You cannot reinstate early for hardship. The full revocation period must be served before requesting driver license reinstatement. The second DUI conviction within a five-year period will result in a five-year revocation. You may apply for a hardship license at the Administrative Reviews Office after serving one year from effective date of revocation. DUI School, and treatment, if referred, must be completed and you must have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license. If you wait to reinstate until after your revocation period ends, proof of enrollment or completion of DUI School, and treatment, if referred, is required. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.
Ignition Interlock Device
Florida DUI laws require an ignition interlock devices to be installed on the vehicles of certain persons convicted of DUI in FL. The ignition interlock program affects those arrested and convicted of DUI after July 1, 2002, upon eligibility of reinstatement for a permanent or restricted driver license. The ignition interlock device is also required when a driver convicted of DUI in FL apply for a restricted license for work or business purposes. Two ignition interlock vendors (see other side) were selected by the department. If the person is otherwise eligible, a driver license will be issued with a restriction indicating interlock device is required. The required time period for interlock officially begins on the day the “P” interlock restriction is issued. Costs to the Defendant The cost (plus tax) to the convicted person for an ignition interlock device is: $70 for installation $67.50 for monthly monitoring and calibration $100 refundable deposit or a $5 monthly insurance charge
Driving Under the Influence Of Drugs
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 according to Florida DUI laws, regardless of the manner in which the offense is proven.
Fine Schedule For A DUI In Florida :
First Conviction for a DUI in Florida:
Not less than $250, or more than $500.
With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
Second Conviction:
Not less than $500, or more than $1,000.
With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
Community Service First Conviction:
Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
FL DUI Probation: First conviction:
Total period of probation and incarceration may not exceed 1 year.
Imprisonment:
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 .20 or higher or minor in the vehicle: Not more than 9 months.
Second Conviction:
Not more than 9 months.
With BAL of .20 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.
Impoundment or Immobilization:
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 in Florida
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.
Misdemeanor Conviction of DUI in Florida:
Accident Involving Property Damage or Personal Injury
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).
FL DUI Felony Conviction:
Repeat Offenders or Accidents Involving Serious Bodily Injury
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.
Driver License Revocation Periods for DUI:
First Conviction: Minimum 180 days revocation, maximum 1 year.
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.
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.
Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
Commercial Motor Vehicles (CMV) Alcohol-Related Convictions or Disqualifications:
Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above 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. 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.
DUI School Requirements Florida:
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 a 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.
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Fines in Florida DUI Cases
Fines for Florida DUI convictions can range from a minimum of $250, to a maximum of $2,000, depending upon whether the case is a first-offense DUI, and upon other aggravating factors.
First DUI Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
Second DUI Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
Third DUI Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
Fourth or Subsequent DUI Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle, not less than $2,000.
Community service is mandatory for a first conviction of DUI (50 hours), or an additional fine or an additional fine of $10 for each hour of community service required. For a first-offense DUI, the total period of probation and jail may not exceed one year.
Jail in Florida DUI Cases
At the court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.
First DUI Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.
Second DUI Conviction: Not more than 9 months. With BAL of .20 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 DUI 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 Florida DUI Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.
Impoundment of Immobilization of Vehicle
Unless the family of the defendant has no other transportation:
First DUI Conviction = 10 days;
Second DUI Conviction within 5 years = 30 days;
Third DUI 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.
Felony DUI
Repeat Offenders or Accidents Involving Serious Bodily Injury
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 DUI (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.
Driver License Revocation Periods for DUI
First DUI Conviction: Minimum 180 days revocation, maximum 1 year.
Second DUI Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
Third DUI 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.
Fourth DUI Conviction (Regardless of When Prior Convictions Occurred), and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
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 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 DUI 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 / Employment Purposes Only Reinstatements
First DUI 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 .20 or higher, or for two years if BAL is greater than .20.
Second DUI Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/2003.
Second DUI 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 .20.
Third DUI 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
First DUI 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 DUI 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)
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.
Driving While License Suspended or Revoked
Any person whose driver license/privilege is suspended for Driving with an Unlawful Alcohol Level, or revoked for DUI, DUI Manslaughter or Vehicular Homicide, or for any other offense ordered by the court and who causes death or serious bodily injury to another person by operating a motor vehicle in a careless or negligent manner is guilty of a 3rd degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both.
Administrative Suspension
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
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): 6 months disqualification.
Second or Subsequent Disqualification of Driving a Commercial Motor Vehicle With an Unlawful Alcohol Level (.04 or above): 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.
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:
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.
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:
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.
Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
Expungement in Florida:
Florida law prohibits a person from expunging a DUI conviction from his or her criminal record. It is vital to contact experienced Florida DUI lawyers if you have been arrested for DUI.
Florida DUI Penalties
First DUI conviction
Maximum six months in jail
$500- 1,000 in fines
180-day to 1 year driver's license suspension
50 hours of community service
Second DUI conviction (within 5 years)
Mandatory jail sentence of at least 10 days and up to nine months
Mandatory ignition interlock device installation for at least one year
$1,000- 2,000 in fines
Minimum 5-year driver's license suspension
Third DUI conviction (within 10 years)
Felony conviction
Minimum 30 days in jail
$2,000- 5,000 in fines
Minimum 10-year driver's license suspension
Fourth DUI conviction
Felony conviction
Maximum 5 years in jail
Permanent revocation of driver's license
Minimum $2,000 in fines
Breathalyzer Test Refusal Penalties
First refusal: 1-year suspension of driver's license
Any additional refusal after the first: 18-month suspension of driver's license
Each additional refusal is a misdemeanor offense
Additional Research April 1, 2013
| Minimum | Maximum | |
| Jail | 0 Days | 6 Months |
| Probation | 1 Day | 12 Months |
| Fine | $500 | $1000 |
| License Suspension | 180 Days | 1 Year |
| Vehicle Impoundment | 10 Days | |
| Ignition Interlock Device | 6 Months | |
| Community Service | 50 Hours | |
| DUI School | Required at the Appropriate Level (Generally Level 1) | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
| Minimum | Maximum | |
| Jail | 0 Days | 9 Months |
| Probation | 1 Day | 12 Months |
| Fine | $1000 | $2000 |
| License Suspension | 180 Days | 1 Year |
| Vehicle Impoundment | 10 Days | |
| Ignition Interlock Device | 6 Months | |
| Community Service | 50 Hours | |
| DUI School | Required at the Appropriate Level (Generally Level 1) | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
| Minimum | Maximum | |
| Jail | 10 Days | 9 Months |
| Probation | 1 Day | 12 Months |
| Fine | $1000 | $2000 |
| License Suspension | 5 Years | |
| Vehicle Impoundment | 30 Days | |
| Ignition Interlock Device | 1 Year | |
| DUI School | Required at the Appropriate Level (Generally Level 2) | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
| Minimum | Maximum | |
| Jail | 10 Days | 12 Months |
| Probation | 1 Day | 12 Months |
| Fine | $2000 | $4000 |
| License Suspension | 5 Years | |
| Vehicle Impoundment | 30 Days | |
| Ignition Interlock Device | 2 Years | |
| DUI School | Required at the Appropriate Level (Generally Level 2) | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
| Minimum | Maximum | |
| Jail | 0 Days | 9 Months |
| Probation | 1 Day | 12 Months |
| Fine | $1000 | $2000 |
| License Suspension | 6 months | 1 year |
| Vehicle Impoundment | 10 Days | |
| Ignition Interlock Device | 1 Year | |
| DUI School | Required at the Appropriate Level (Generally Level 2) | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
| Minimum | Maximum | |
| Jail | 0 Days | 12 Months |
| Probation | 1 Day | 12 Months |
| Fine | $2000 | $4000 |
| License Suspension | 6 months | 1 year |
| Vehicle Impoundment | 10 Days | |
| Ignition Interlock Device | 1 Year | |
| DUI School | Required at the Appropriate Level (Generally Level 2) | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
| Minimum | Maximum | |
| Jail / Prison | 30 Days | 5 years |
| Probation | 1 Day | 5 years |
| Fine | $5000 | |
| License Suspension | 10 Years | |
| Vehicle Impoundment | 90 Days | |
| Ignition Interlock Device | 2 Years | |
| DUI School | Required at the Appropriate Level | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
| Minimum | Maximum | |
| Jail / Prison | 30 Days | 5 years |
| Probation | 1 Day | 5 years |
| Fine | $4000 | $5000 |
| License Suspension | 10 Years | |
| Vehicle Impoundment | 90 Days | |
| Ignition Interlock Device | 2 Years | |
| DUI School | Required at the Appropriate Level | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
| Minimum | Maximum | |
| Jail | 0 Days | 12 months |
| Probation | 1 Day | 12 months |
| Fine | $2000 | $5000 |
| License Suspension | 6 months | 1 year |
| Vehicle Impoundment | 10 Days | |
| Ignition Interlock Device | 2 Years | |
| DUI School | Required at the Appropriate Level | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
| Minimum | Maximum | |
| Jail | 0 Days | 12 Months |
| Probation | 1 Day | 5 years |
| Fine | $4000 | $5000 |
| License Suspension | 6 months | 1 year |
| Vehicle Impoundment | 10 Days | |
| Ignition Interlock Device | 2 Years | |
| DUI School | Required at the Appropriate Level | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
| Minimum | Maximum | |
| Jail / Prison | 0 Days (30 days if prior w/in 10 years) |
5 years |
| Probation | 1 Day | 5 years |
| Fine | $2000 | $5000 |
| License Suspension | Permanent Revocation | |
| Vehicle Impoundment | 10 days (90 days if prior w/in 10 years) |
|
| Ignition Interlock Device | 2 Years | |
| DUI School | Required at the Appropriate Level | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
| Minimum | Maximum | |
| Jail / Prison | 0 Days (30 days if prior w/in 10 years) |
5 years |
| Probation | 1 Day | 5 years |
| Fine | $4000 | $5000 |
| License Suspension | Permanent Revocation | |
| Vehicle Impoundment | 10 days (90 days if prior w/in 10 years) |
|
| Ignition Interlock Device | 2 Years | |
| DUI School | Required at the Appropriate Level | |
| Alcohol / Drug Evaluation | Required as Part of the DUI School | |
| Alcohol / Drug Treatment | Required as Recommended at Evaluation | |
