Florida DUI And License Restriction

DUI implies driving under the Influence and DWI meansrevocation period is 10 years with a possibility for
driving while intoxicated. These are violations under thehardship reinstatement after 2 years. For third
Florida law and a person found to be violating DUI oroffenders, it is a minimum of 180 days and a maximum
DWI laws can be arrested and penalized under theof 1 year. For those having one conviction more than
Driving Under the Influence of Alcoholic Beverages,10 years prior and one within 5 years, revocation
Chemical Substances or Controlled Substances Law s.period is a minimum of 5 years though they may be
316.193, F.S. A person is said to be under the influenceeligible for hardship reinstatement after a year.
of alcohol if he/she has blood or breath alcohol contentFor fourth convictions (regardless of prior convictions)
of more than 0.08 (grams of alcohol per 100 milliliters ofand murder with motor vehicle, the license is
blood or grams of alcohol per 210 liters of breath).permanently revoked and there is no option for
As per the Florida law, every person operating ahardship reinstatement. DUI manslaughter also invites
motor vehicle gives an "implied consent" to take apermanent revocation. However, the person may be
chemical breath test when suspected of drunk drivingeligible for hardship reinstatement after 5 years if there
by an official. There could be blood tests and urineare no prior DUI convictions. For manslaughter, DUI
tests also for determining the levels of alcohol in bloodserious bodily injury, or vehicular homicide convictions, a
and urine. Refusal to take these tests would result inminimum 3-year revocation is given.
confiscation of the driving license for a year. SecondAlcohol related conviction / disqualification for
or subsequent refusals would result in suspension forcommercial motor vehicles (CMV) are given under s.
18 months. In case of commercial vehicles, the person322.61, F.S. In these cases, convicted persons are
is disqualified from operating a commercial motordisqualified from operating CMVs for a period of one
vehicle for 1 year for first refusal. Second oryear (apart from provisions of s. 316.193 for DUI
subsequent refusal would mean permanentconvictions). Second or subsequent convictions would
disqualification.result in permanent disqualification of operating a CMV.
Driving license revocation periods for DUI are givenThere are no provisions for hardship reinstatements.
under s. 322.271, F.S. and s. 322.28,F.S. Under this, theThere are also different kinds of convictions for
minimum revocation period for a first conviction is 180Business Purposes Only/Employment Purposes Only
days while the maximum revocation period is 1 year.Reinstatements under s. 322.271, F.S. and s. 322.28, F.S.
Second conviction within 5 years invites a revocationDriving while the license is suspended or revoked
period of a minimum of 5 years though the personunder DUI is guilty of 3rd degree felony if it results in
may be eligible for hardship reinstatement after a year.death or serious injury to another person by driving in a
For second offenders, it is a minimum of 180 days andcareless and negligent manner. The person is
a maximum of 1 year.punishable by imprisonment for a maximum period of 5
For third convictions within 10 years, the minimumyears, a maximum fine of $5000 or both.