DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances) - Florida Statute § 316.193
In Florida, DUI is one offense - in other states, there are separate crimes of DWI (driving while impaired) or DUBAL (driving with an unlawful blood alcohol level). In Florida, DUI can be proved by either (1) impairment of normal faculties (DWI) or (2) unlawful blood alcohol or breath alcohol level of .08 or above (DUBAL). Even if you have a prescription for the medication that has caused you to be impaired, you can still be found guilty if you drove while your "normal faculties" were impaired.
The punishment for DUI is the same no matter which manner in which the offense is proven to have been committed.
DUI Fine Schedule - Florida Statute § 316.193(2)(a)-(b)
First Conviction: $500 up to $1,000.
If Blood/Breath Alcohol Level (BAL) is .15 or higher, or there is a minor in the vehicle: not less than $1,000, or more than $2,000.
Second Conviction: $1,000 up to $2,000.
If Blood/Breath Alcohol Level (BAL) is .15 or higher, or there is a minor in the vehicle: $2,000 up to $4,000.
Third Conviction more than 10 years from second: $2,000 up to $5,000.
If Blood/Breath Alcohol Level (BAL) is .15 or higher, or there is a minor in the vehicle: $4,000.
Fourth or Subsequent Conviction: Not less than $2,000.
Community Service - Florida Statute § 316.193 (6)(a)
Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
Probation - Florida Statute § 316.193 (5)(6)
First conviction, total period of probation and incarceration may not exceed 1 year.
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: Up to 6 months.
If Blood/Breath Alcohol Level (BAL) is .15 or higher, or there is a minor in the vehicle: up to 9 months.
Second Conviction:Up to 9 months.
If Blood/Breath Alcohol Level (BAL) is .15 or higher, or there is a minor in the vehicle: up to 12 months.
If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of the jail sentence must be consecutive (this eliminates most house arrest situations).
Third Conviction: For a third conviction within 10 years, mandatory jail time of at least 30 days. At least 48 hours of the jail sentence must be consecutive.
If third conviction more than 10 years, imprisonment for not more than 12 months.
Fourth or Subsequent Conviction:As this is a felony charge, a person may be sentenced up to 5 years in the Florida State Prison, or up to 10 years if the person is a Habitual Felony Offender.
Impoundment of Immobilization of Vehicle - Florida Statute § 316.193 (6)
If there is a valid hardship, such as the offender's family not having any other transportation:
First conviction = 10 days
Second conviction within 5 years = 30 days;
Third conviction within 10 years = 90 days.
Impoundment or immobilization may not occur concurrently with incarceration - it has to be a part of probation. A court has the discretion to not order impoundment of any vehicles 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)
A person who is arrested for DUI has to stay in jail until:
The defendant is no longer deemed to be under the influence and;
The defendant's normal faculties are clearly no longer impaired;
The defendant's blood/breath alcohol level is lower than 0.05; or
A minimum of eight hours have elapsed from the time the defendant was arrested.
DUI Misdemeanor: (Accident Involving Property Damage or Personal Injury) - Florida Statute § 316.193 (3)
A driver who causes damage to another's property (whether another car or a house, sign, electrical box, etc) or injury to another person (NOT injury to the DUI driver only) while DUI is guilty of a First Degree Misdemeanor. A misdemdanor is punishable by up to a $1,000 fine and up to 1 year in the county jail.
DUI Felony Conviction: (Mulitple DUI priors or Accident Involving Serious Bodily Injury) - Florida Statute § 316.193 (2),(3)
A conviction for a third DUI committed within 10 years or a fourth or subsequent DUI is a Third Degree Felony. It may be punished by up to a $5,000 fine and/or up to 5 years in the Florida State Prison.
If the DUI causes serious bodily injury to another, it is a Third Degree Felony. It may be punished by up to a $5,000 fine and/or up to 5 years in the Florida State Prison.
DUI Manslaughter and DUI Vehicular Homicides - Florida Statute § 316.193 (3)
DUI/Manslaughter:Second Degree Felony. It may be punished by up to a $10,000 fine and/or up to 15 years in the Florida State Prison.
DUI Manslaughter/Leaving the Scene:A DUI Manslaughter committed where the driver knows or should know that an accident happened, yet does not stop to give information or render aid, is a First Degree Felony. It may be punished by up to a $10,000 fine and/or up to 30 years in the Florida State Prison.
Vehicular Homicide:Second Degree Felony. It may be punished by up to a $10,000 fine and/or up to 15 years in the Florida State Prison.
Vehicular Homicide/Leaving the Scene of an Accident:A conviction for vehicular homicide where the driver left the scene of an accident is a First Degree Felony. It may be punished by up to a $10,000 fine and/or up to 30 years in the Florida State Prison.
DUI Driver License Revocation Periods - Florida Statute §§ 322.271 and 322.28
First Conviction:At least 180 days, up to 1 year.
Second Conviction Within 5 Years of Prior DUI:Mandatory 5 years revocation. May be eligible for hardship reinstatement after 1 year.
Other 2nd offenders, where the second DUI is beyond 5 years of the first DUI, are treated as First Offenders.
Third Conviction Within 10 Years of the 2nd DUI:mandatory 10 years revocation. Possibly eligable for a hardship reinstatement after 2 years, if no other offenses.
Fourth Conviction and Vehicular Manslaughter:Mandatory permanent revocation. No hardship reinstatement.
DUI Manslaughter:Mandatory permanent revocation. Possible eligible for hardship reinstatement after 5 years so long as no other DUI-related charges.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions:Mandatory 3-year revocation.
DUI and Commercial Motor Vehicles (CMV) - Florida Statute § 322.61
First conviction: DUI conviction for someone driving a commercial motor vehicle with a blood alcohol level of .04 or above, or driving a commercial motor vehicle while he or she is under the influence of alcohol or a controlled substance or refusing to submit to a test to determine the alcohol concentration, or 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 will have a mandatory dusqialification 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: permanent disqualification from being able to operating a commercial motor vehicle.
There is no hardhship license available for someone convicted of driving a commercial motor vehicle while DUI.
Business Purposes Only/Employment Purposes Only Licenses - Florida Statute §§ 322.271 and 322.28
First Conviction:Mandatory DUI school, then make application to DHSMV for a hearing for possible hardship reinstatement. If the BAL is over .15, then there is a mandatory 6-month ignition interlock device.
Second Convictions (or more): No hardship license. Ignition interlock device is mandatory for 1 year, or for 2 years if BAL is above .20.
Second Conviction Within 5 Years: This is a 5-Year revocation. The driver may make application to the DHSMV for a hardship hearing after one year from the arrest date. Mandatory DUI school and DUI supervision program for the revocation period - this includes completing any counseling or treatment program recommended. Prior to any hardship reinstatement, the driver may not have consumed any alcoholic beverage or controlled substance, or driven a motor vehicle for 12 months. Ignition interlock device is mandatory for 1 year, or for 2 years if BAL is above .15.
Third Conviction Within 10 Years: Results in a 10-Year revocation. The driver can apply for hardship reinstatement after 2 years. Must complete DUI school and follow up with any treatment program recommended. Drive may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to application for hardship license. Ignition interlock device is mandatory for 2 years.
DUI Manslaughter With No Prior DUI Related Conviction:Permanent revocation. May be eligible for hardship license after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met:
Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
Has been alcohol and drug-free for at least 5 years prior to the hearing; and
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).
Ignition interlock device required for two years.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: 3-year revocation, and can immediately apply for hardship reinstatement hearing. However, the driver must complete (not just register for) DUI school or advanced driver improvement course prior to the hardship reinstatement.
DUI School - §§ 316.193, 322.271, and 322.291
First Conviction: Driver will be required to complete DUI school before hardship reinstatement. Drivers do not apply for hardship license until the revocation period is over need only show proof of enrollment or completion to become re-licensed. If the driver enrolls and is reinstated after revocation period expires, and fails to complete DUI school within 90 days after reinstatement will have the license cancelled. Then, the driver cannot be relicensed until DUI school is fully completed.
Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Drive has to complete DUI school following the DUI conviction.
DUI Manslaughter With No Prior DUI Related Conviction (Permanent Revocation): Must complete DUI school before hardship reinstatement.
Reckless Driving:If a driver is convicted of reckless driving and there is alcohol or drug use involved, the driver must complete DUI school if ordered at the discretion of the court.
Treatment:Treatment can only be waived if ordered by the court after reviewing a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.
Chemical or Physical Test Provisions (Florida's Implied Consent Law) - Florida Statute §§ 316.1932, 316.1933, 316.1934, and 316.1939
Refusal:A driver's refusal to take to a breath, urine, or blood test is admissible as evidence in DUI criminal court trials and hearings. If the driver has had a previous arrest and refuses to take the test again, that refusal is a separate1st-degree misdemeanor charge - in addition to the DUI charge. It is punishable by a fine of up to $1000 and/or up to 1 year in the county jail.
Driver License Suspension Periods:For a first refusal: 1 year. For a second or subsequent refusal: 18 months.
Commercial Driver License Disqualifications:For a first refusal in a commercial motor vehicle: 1 year. For a second or subsequent refusal in a commercial motor vehicle: permanent disqualification with no hardship license.
Forceful Withdrawal of Blood:If the arresting officer believes that the DUI has resulted in serious injury or death to another, blood may be withdrawn from the driver. The officer, along with authorized medical personnel, are permitted to use reasonable force to take the blood sample, even if the driver refuses.
Unconscious: An unconscious driver who is incapable of consenting or refusing is not deemed to have withdrawn consent to such test. A blood test may be administered.
Adjudication and Sentencing - Florida Statute §§ 316.656 and 322.2615
Judges must impose the administrative suspension/revocation period mandated byFlorida law, and must also adjudicate guilt - there are no "wihholds" in Florida.
Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above
Florida Statute § 322.2616 permits DUI officers having probable cause to believe that a a person under 21 is driving or in actual physical control of a motor vehicle, and that the person is under the influence of alcoholic beverages or who has any alcohol level, may request them to submit to a test to determine the alcohol level.
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 immediate. If the BAL is .05 or higher, the suspension will remain in effect until the under-21 driver has completed a substance abuse evaluation and course. The driver will be issued a temporary permit effective 12 hours after issuance which is valid for only 10 days.
Administrative Suspensions - §§ 322.2615, 316.193, and 316.1932
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 immediate. The arresting officer will issue the driver a temporary permit that is valid for only 10 days from the arrest date of arrest.