2004 Florida DUI and Administrative Suspension Laws
* Disclaimer: This
summary was prepared by the Department of Highway Safety and Motor Vehicles
and should be used as a reference only. Interested parties should refer
to the full text of the law before drawing legal conclusions.
Contents
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.
As of July 1, 2008 fines for a conviction of driving or boating under the influence are now: first offense $500 to $1,000; second offense $1,000 to $2,000; third offense $2,000 to $5,000; and fourth offense $2,000.
As of July 1, 2008 DUI conviction where the breath alcohol level exceeds the level for enhanced penalties, fines are now: first offense $1,000 to $2,000; second offense $2,000 to $4,000; and third offense $4,000.
As of July 1, 2008, Ignition Interlock for Repeat DUI offenders and first-time offenders with a BAC over .15 must install ignition interlock devices. New law provides that the interlock must be installed for six months for first offenders and two years for drivers who have multiple DUI.
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.
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 .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.
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.
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 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 .20 or higher, or for two years if BAL is greater
than .20.
Second Convictions
(or more): No hardship license except as provided below. Mandatory
ignition interlock device for one year,
effective 07/03.
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 .20.
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 .20 or greater.
Driving
While License Suspended or Revoked- s. 322.34, F.S.
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 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.
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:
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.
DISCLAIMER: The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems. The submission of this does not establish an attorney client relationship.
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