DRIVING UNDER THE INFLUENCE (DUI)
IF YOU’RE ARRESTED
FOR DUI IN THE STATE OF FLORIDA MAKE SURE YOU KNOW THE
RULES!
You
have only 10 days from the date of arrest to save your
driver's license!
If you are arrested for DUI, and refused to take a
breath, blood or urine test, OR if your breath test
result is 0.08 or greater, the Department of Motor
Vehicles WILL suspend your driving immediately, and you
have only 10 days to request a "Formal Review Hearing."
Failure to do so will result in at least a six month
suspension (blood alcohol test results of .08 or higher
– 1st DUI) and as much as an eighteen months suspension
of your driver's license (second refusal.) The 10 Day
Rule applies to you if:
· Blood alcohol test
results .08 or higher.
· Refused to take
the test.
· Tried to take
the test, but they said you refused (couldn't blow hard
enough or urinate on cue.)
· Under 21 years
when arrested, and test results .02 or higher.
· Not sure what
your blood level was.
DUI IS A SERIOUS CRIMINAL
OFFENSE. The consequences can include jail or
prison, fines, court costs, license suspension or
revocation, expensive schools, community service
requirements, vehicle impoundment, ignition interlock
devices, insurance increases, loss of employments, and
great personal anguish.
Getting arrested for DUI does not mean you have to
lose your license or pay inflated insurance rates. And
just because you have been arrested does not mean you
will be convicted. If arrested, do not talk to the
police and always plead NOT GUILTY!
Even if you are arrested with a DUI does not mean
the State can convict you. There are many ways to
attack a DUI charge. The officer must have a valid
reason for the stop. The officer must have sufficient
probable cause to arrest you. The way the officer
obtained your breath, blood or urine sample must be in
compliance with the law. And the testing equipment must
be properly maintained or calibrated. There could be
medical or other physical reasons for your poor
performance on any field tests. There are MANY
opportunities to challenge the validity of your arrest.
Even if your arrest results in a conviction, you
should be positioned to receive the MINIMUM PENALTY
PERMITTED BY LAW. There are certain minimum penalties
that the Court is required to impose, but the Court has
the discretion to impose much more severe penalties.
DUI PENALTIES IN FLORIDA
DUI 316.193, F.S.
Fine Schedule 316.193(2)(a)-(b), F.S.
·
First
Conviction: Not less than $250, or more than $500. With
a 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.
· Third 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 Conviction: Not less than $1,000. With BAL of
.20 or higher or minor in the vehicle. Not less than
$2,000.
Community Service - 316.193 (6)(a), F.S.
· First Conviction:
Mandatory 50 hours of community service or additional
fine of $10 for each hour of community service
required.
Probation - 316.193 (5)(6), F.S.
· First Conviction: total
period of probation and incarceration may not exceed 1
year.
Imprisonment- 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 775.084 as habitual/violent offender.
Impoundment of Immobilization of Vehicle - 316.193
(6), F.S.
Unless the family of the defendant has no other
transportation: First conviction = 10 days; second
conviction within 5 years = 30 days; third conviction
within 10 years = 90 days. Impoundment or immobilization
must not occur concurrently with incarceration. The
court may dismiss the order of impoundment of any
vehicles that are owned by the defendant if they are
operated solely by the employees of the defendant or any
business owned by the defendant.
Conditions for Release of Persons Arrested for
DUI-316.193 (9), F.S.
· The person is no longer
under the influence and;
· The person's
normal faculties are no longer impaired
· The person's
blood/breath alcohol level is lower than 0.05; or
· Eight hours have
elapsed from the time the person was arrested.
DUI Misdemeanor Conviction: (Accident Involving
Property Damage or Personal Injury)-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)-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
775.084.
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-322.271,
F.S. and 322.28,F.S.
·
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.
· 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.
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.
· Persons
disqualified from operating a commercial motor vehicle
cannot obtain a hardship license to operate a commercial
motor vehicle.
Broward County - Miami-Dade County - Palm Beach County