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FLORIDA DUI LAW AND PENALTIES
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.
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Fine
Schedule s. 316.193(2)(a)-(b), F.S.
- First
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
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.
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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.
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Probation
- s. 316.193 (5)(6), F.S.
First conviction,
total period of probation and incarceration may not exceed
1 year.
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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 Statutues, as habitual/violent
offender.
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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.
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Conditions
for Release of Persons Arrested for DUI-s. 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.
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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).
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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.
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