Florida DUI Information

Driving with an unlawful alcohol level (DUBAL) - (.08)

Immediate License Suspension

You will be suspended as of the arrest date for 6 months for the first offense and one year for any other offense of DUBAL. You will be given a 10-day permit on the date of the arrest. Once the permit has expired, then 30 days of the suspension must be served before the driver is eligible to apply for a hardship license. You will be eligible for a hardship license on the first and any consecutive suspension, unless you have been convicted of DUI two or more times. You must provide proof of enrollment in a DUI School to the Administrative Reviews Office for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $35 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

Refusals

If you refuse to submit to a breath/urine test your license will be suspended as of the arrest date for one year for the first offense and 18 months for any consecutive offenses. You will be given a 10-day permit on the date of arrest and when the permit expires must serve 90 days of the suspension before the driver is eligible to apply for a hardship license on the first suspension. No hardship license is permitted if you have refused to submit two or more times. You must provide proof of enrollment in a DUI School to the Administrative Reviews Office for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office .

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $35 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

Penalties

1st DUI - 180 day to 1 year revocation effective on conviction date. Before expiration of the revocation period, you may apply for a hardship license in the county where you live. DUI School completion and treatment, if referred, is required. You then can apply for a hardship license in any Administrative Reviews Office (see listing "Under Suspension - Need Driver License for Work") where you live. If you wait to reinstate your license until your revocation period ends, proof of enrollment or completion of DUI School and treatment, if referred, is required. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required

2nd DUI conviction in more than 5 years will result in a 180 day to 1 year revocation. You cannot reinstate early for hardship. The full revocation period must be served before requesting driver license reinstatement. The second DUI conviction within a five-year period will result in a five-year revocation. You may apply for a hardship license at the Administrative Reviews Office after serving one year from effective date of revocation. DUI School, and treatment, if referred, must be completed and you must have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license. If you wait to reinstate until after your revocation period ends, proof of enrollment or completion of DUI School, and treatment, if referred, is required. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

Ignition Interlock Device

Florida Statutes, requires ignition interlock devices to be installed on the vehicles of certain persons convicted of DUI. The ignition interlock program affects those arrested and convicted of DUI after July 1, 2002, upon eligibility of reinstatement for a permanent or restricted driver license. The ignition interlock device is also required when a driver convicted of DUI applies for a restricted license for work or business purposes. Two ignition interlock vendors (see other side) were selected by the department. If the person is otherwise eligible, a driver license will be issued with a â??Pâ? restriction indicating interlock device is required. 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

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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, regardless of the manner in which the offense is proven.

Fine Schedule For DUI:

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.
Community Service

First Conviction:

Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
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
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

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

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:

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.
Commercial Motor Vehicles (CMV) â?? 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:

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.