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  • Boating Under The Influence
  • Criminal Law
  • Driving Under The Influence
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Florida

2 Important Steps to Follow If You Have Been Charged with a DUI in Florida

 

  1. Understand a DUI charge is a serious matter.
    If you are convicted of DUI in Florida, the consequences will follow you for a long time. Having a criminal record can severely hinder your future, employment opportunities, and may limit the freedoms you enjoy.
  2. Promptly hire an experienced DUI Defense Attorney.
    DWI laws and courtroom proceedings can be confusing to understand on your own. Partnering with an attorney who has experience assisting people charged with drunk driving can make an incredible difference in your case. For assistance, please call 407-801-1078, or select your country from the menu provided above and proceed from there.

 

Every DWI attorney on DUI.com offers an initial free consultation to discuss your DUI charge with you.

 

To start fighting your DUI charge in the state of Florida, please scroll up to the drop-down menu to find a Florida DUI defense attorney in your county.  Time is a critical factor in beginning a DUI case, so click now.

 

 

First Time Offenders – Florida DUI

 

Note on Florida DUI – Driving with an unlawful alcohol level (DUBAL – .08)

 

Immediate License Suspension

 

Florida DUI law mandates a 6 months suspension of driver’s license upon arrest for a first-time offense, and 1 year suspension for any other DUBAL offense.

You are issued a 10-day permit on the date of the arrest.  When the permit expires, you must serve 30 days of suspension before you are eligible to apply for a hardship license. You will be eligible for a hardship license for the first conviction (or a consecutive suspension), but not if you have been convicted of a Florida DUI 2 or more times.

 

You will only be considered for a hardship license in Florida if you can provide the Administrative Reviews Office with proof of enrollment in a driving under the influence school. If you are approved to reinstate early with a hardship, you must then provide proof to the driver license office.

 

Required upon reinstatement (whether for hardship license or full license)

  • Take required exam
  • $115 administrative fee
  • $35 reinstatement fee
  • Any other license fee
  • Proof of liability insurance / proof of liability coverage, required on arrest date

Refusing DUI Test

 

According for Florida DUI law, refusal to take a breath or urine test will result in a one-year license suspension upon the arrest date for a first-time offense. The suspension period is 18 months for any subsequent offenses.

You are issued a 10-day permit on the date of your arrest, and when the permit expires, you must serve a 90-day suspension before you are then eligible to apply for a hardship license during the first suspension. A hardship license will not be issued if you have refused to submit to a breath or urine test two or more times. To be considered for a hardship license, you must provide the Administrative Review Office with with proof of enrollment in a DUI school. If you are approved to reinstate early with hardship, then you must present this approval to the driver license office.

 

Required upon reinstatement (whether for hardship license or full license)

  • Take required exam
  • $115 administrative fee
  • $35 reinstatement fee
  • Any other license fee
  • Proof of liability insurance / proof of liability coverage, required on arrest date

 

 

DUI Penalties in Florida

 

First DUI Conviction

  • Drivers license revoked for 180 days to 1 year, effective upon conviction. If you are referred to DUI School or Treatment, then you are required to complete this.  Finishing this education program is required to apply for a hardship license in your county. At the time of reinstatement, (for a hardship license or a full license) you must take the required examination, pay a $115 administrative fee, as well as a $60 reinstatement fee, in addition to any other license fees that are required. Show proof of liability insurance / proof of liability coverage on the date of the arrest.  And pay a $15 additional reinstatement fee.

Second DUI Conviction

  • If you have a second DUI conviction within 5 years, your license is revoked for 180 days up to 1 year. You are unable to apply for a hardship license. You must serve the entire suspension before requesting to have your driver’s license reinstated.
  • Getting a second DUI conviction in 5 years results in a 5-year revocation. However, you may apply for a hardship at the Administrative Office after 1 year. To be eligible for a hardship license in this instance, you must have completed any DUI school or treatment that was referred AND have a favorable recommendation from the Special Supervision Services Program during your revocation.
  • If you do not seek to reinstate until after your revocation period has ended, then you must provide proof of enrollment in a DUI school, if it was recommended
  • Required upon reinstatement (whether for hardship license or full license)
  • Take required exam
  • $115 administrative fee
  • $60 reinstatement fee
  • Any other license fee
  • Proof of liability insurance / proof of liability coverage, required on arrest date

 

Ignition Interlock Device

 

Florida DUI Law requires an ignition interlock device to be installed on vehicles of Florida DUI offenders convicted of DUI after July 1, 2002. This installation is required for persons seeking reinstatement for a restrictive or permanent license. It is also required for those seeking reinstatement for business / work purposes.

 

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:

  1. First Conviction: Minimum 180 days revocation, maximum 1 year.
  2. 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.
  3. 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.
  4. 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.