| Hire an experienced Florida DUI Lawyer or a | | | | deposito Or a $5 monthly insurance charge will be |
| competent drunk driving defense attorney who is | | | | assessed. Driving Under the Influence Of Drugs in the |
| experienced in the Florida DUI laws. | | | | State of Florida |
| Understanding the Florida DUI laws and courtroom | | | | DUI (Driving Under the Influence of alcoholic beverages, |
| proceedings that accompany it can be a major | | | | chemical substances or controlled substances). s. |
| challenge. Hiring a qualified Florida DUI attorney whose | | | | 316.193, F.S. |
| legal practice concentrates on drunk driving cases can | | | | Under Florida law, DUI is one offense, proved by |
| make a difference in the outcome of your drunk | | | | impairment of normal faculties or unlawful blood alcohol |
| driving charge. | | | | or breath alcohol level of.08 or above. The penalties |
| Florida DUI Education - First-time Offenders | | | | upon conviction are the same according to Florida DUI |
| Florida DUI Information: | | | | laws, regardless of the manner in which the offense is |
| Driving with an illegal alcohol level (DUBAL) (.08) results | | | | proven. |
| in an immediate License Suspension. | | | | Fine Schedule For A DUI In Florida |
| According to Florida DUI statutes, your license will be | | | | First Conviction for a DUI in Florida:o Not less than |
| suspended as of the arrest date for 6 months for the | | | | $250, or more than $500.o With Blood/Breath Alcohol |
| first offense and one year for any other offense of | | | | Level (BAL) of.20 or higher or minor in the vehicle: Not |
| DUBAL. You will be given a 10-day permit on the date | | | | less than $500, or more than $1,000. |
| of the arrest. Once the permit has expired, then 30 | | | | Second Conviction for a DUI in Florida:o Not less than |
| days of the suspension must be served before the | | | | $500, or more than $1,000.o With BAL of.20 or higher |
| driver is eligible to apply for a hardship license. | | | | or minor in the vehicle: Not less than $1,000, or more |
| Eligibility for a Hardship License in the state of Florida | | | | than $2,000. |
| You will be eligible for a hardship license on the first | | | | Community Service First Conviction:o Mandatory 50 |
| and any consecutive suspension, unless you have | | | | hours of community service or additional fine of $10 for |
| been convicted of a DUI in Florida two or more times. | | | | each hour of community service required. |
| Under the Florida DUI law, you must provide proof of | | | | Florida DUI Probation and First conviction |
| enrollment in a driving under the influence school to the | | | | Total period of probation and incarceration may not |
| Administrative Reviews Office in order to be | | | | exceed 1 year. |
| considered for a hardship license. | | | | Imprisonment: |
| If given approval to reinstate early for hardship, you | | | | At the court's discretion, sentencing terms may be |
| must present this approval to the driver's license office. | | | | served in a residential alcoholism or drug abuse |
| At the time of reinstatement, whether for a hardship | | | | treatment program, credited toward the term of |
| license or a full license, you must take the required | | | | imprisonment. |
| examination, and pay $115 administrative fee and $35 | | | | First Conviction: |
| reinstatement fee and any license fee required. Proof | | | | Not more than 6 months. |
| of liability insurance on the arrest date will be required | | | | With BAL of.20 or higher or minor in the vehicle: Not |
| or proof of liability coverage and a $15 reinstatement | | | | more than 9 months. |
| fee will be required. | | | | Second Conviction: |
| Conditions for DUI Test Refusals | | | | Not more than 9 months. |
| If you refuse to submit either to a breath or urine test, | | | | With BAL of.20 or higher or minor in the vehicle: Not |
| Florida DUI statutes require that your license be | | | | more than 12 months. |
| suspended as of the arrest date for a minimum of one | | | | If the second conviction happens within 5 years, |
| year for the first offense and 18 months for any | | | | mandatory imprisonment of at least 10 days will follow. |
| consecutive offenses. You will be given a 10-day | | | | At least 48 hours of confinement must be |
| permit on the date of arrest and when the permit | | | | consecutive. |
| expires, you must serve 90 days of the suspension | | | | Impoundment or Immobilization |
| before the driver is eligible to apply for a hardship | | | | Unless the family of the defendant has no other |
| license on the first suspension. No hardship license is | | | | transportationo First conviction = 10 dayso Second |
| permitted if you have refused to submit two or more | | | | conviction within 5 years = 30 dayso Third conviction |
| times. You must provide proof of enrollment in a DUI | | | | within 10 years = 90 days |
| school to the Administrative Reviews Office for | | | | Impoundment or immobilization must not occur |
| consideration for a hardship license. If given approval to | | | | concurrently with incarceration. |
| reinstate early for hardship, you must present this | | | | The court may dismiss the order of impoundment of |
| approval to the driver license office. At the time of | | | | any vehicles that are owned by the defendant if they |
| reinstatement, whether for a hardship license or a full | | | | are operated solely by the employees of the |
| license, you must take the required examination, pay a | | | | defendant or any business owned by the defendant. |
| $115 administrative fee, a $35 reinstatement fee and | | | | Conditions for Release of Persons Arrested for DUI in |
| any license fees required. Under Florida DUI law, proof | | | | Floridao The person is no longer under the influenceo |
| of liability insurance on the arrest date will be required | | | | The person's normal faculties are no longer impairedo |
| or proof of liability coverage and a $15 reinstatement | | | | The person's blood/breath alcohol level is lower than |
| fee will be required. | | | | 0.05; oro Eight hours have elapsed from the time the |
| Penalties for a DUI in Florida | | | | person was arrested. |
| First DUI - 180 day to 1 year revocation effective on | | | | Misdemeanor Conviction of DUI in Florida |
| conviction date. | | | | Accident Involving Property Damage or Personal Injury: |
| Before the expiration of the revocation period, you | | | | Any person who causes property damage or |
| may apply for a hardship license in the county where | | | | personal injury to another while driving under the |
| you live. DUI School completion and treatment, if | | | | influence is guilty of a First Degree Misdemeanor (not |
| referred, is required. You then can apply for a hardship | | | | more than $1,000 fine or 1-year imprisonment). |
| license in any Administrative Reviews Office. | | | | Florida DUI Felony Conviction |
| If you wait to reinstate your license until your | | | | Repeat Offenders or Accidents Involving Serious |
| revocation period ends, proof of enrollment or | | | | Bodily Injury: |
| completion of DUI School and treatment, if referred, is | | | | Any person convicted of a third DUI within 10 years or |
| required. | | | | a fourth or subsequent DUI commits a Third Degree |
| At the time of reinstatement, whether for a hardship | | | | Felony (not more than $5,000 fine and/or 5 years |
| license or a full license, you must take the required | | | | imprisonment). Any person who causes serious bodily |
| examination, and pay $115 administrative fee and $60 | | | | injury while driving under the influence is guilty of a |
| reinstatement fee and any license fee required. Proof | | | | Third Degree Felony (not more than $5,000 fine and/or |
| of liability insurance on the arrest date will be required | | | | 5 years imprisonment) or if habitual/violent felony |
| or proof of liability coverage and a $15 reinstatement | | | | offender. |
| fee will be required. | | | | Driver's License Revocation Periods for DUI in Florida |
| A second DUI conviction in more than 5 years will | | | | At the end of the First Conviction: Minimum 180 days |
| result in a 180 day to 1 year revocation. You cannot | | | | revocation, maximum 1 year. |
| reinstate early for hardship. The full revocation period | | | | Second Conviction Within 5 Years: Minimum 5 years |
| must be served before you may request a driver | | | | revocation. May be eligible for hardship reinstatement |
| license reinstatement. The second DUI conviction within | | | | after 1 year. Other 2nd offenders same as "A" above. |
| a five-year period will result in a five-year revocation. | | | | Third Conviction Within 10 Years: Minimum 10 years |
| You may apply for a hardship license at the | | | | revocation. May be eligible for hardship reinstatement |
| Administrative Reviews Office after serving one year | | | | after 2 years. Other 3rd offenders same as "A" |
| from the effective date of revocation. DUI School, and | | | | above. one conviction more than 10 years prior and |
| treatment, if referred, must be completed and you | | | | one within 5 years, same as "B" above. |
| must have a favorable recommendation from the | | | | Fourth Conviction, Regardless of When Prior |
| Special Supervision Services Program to be eligible for | | | | Convictions Occurred) and Murder with Motor Vehicle: |
| a hardship license. If given approval to reinstate early | | | | Mandatory permanent revocation. No hardship |
| for hardship, you must present this approval to the | | | | reinstatement. |
| driver license office. You must remain in the Special | | | | Commercial Motor Vehicles (CMV) Alcohol-Related |
| Supervision Services Program for the duration of the | | | | Convictions or Disqualifications |
| revocation period to retain your hardship license. If you | | | | Persons convicted of driving a commercial motor |
| wait to reinstate until after your revocation period ends, | | | | vehicle with a blood alcohol level of.04 or above or |
| proof of enrollment or completion of DUI School, and | | | | refusing to submit to a test to determine the alcohol |
| treatment, if referred, is required. | | | | concentration while driving a commercial motor vehicle, |
| At the time of reinstatement, whether for a hardship | | | | driving a commercial motor vehicle while under the |
| license or a full license, you are required to take the | | | | influence of alcohol or controlled substance, or driving a |
| specified examination, pay a $115 administrative fee, a | | | | commercial motor vehicle while in possession of a |
| $60 reinstatement fee and any additional license fees | | | | controlled substance shall be disqualified from operating |
| required. Proof of liability insurance on the arrest date | | | | a commercial motor vehicle for a period of 1 year. |
| will be required or proof of liability coverage and a $15 | | | | Second or subsequent conviction of any of the above |
| reinstatement fee will be required. | | | | offenses arising out of separate incidents will result in a |
| Installation of an Ignition Interlock Device | | | | permanent disqualification from operating a commercial |
| Florida DUI statues require an ignition interlock device to | | | | motor vehicle. There are no provisions for persons |
| be installed on the vehicles of certain persons | | | | disqualified from operating a commercial motor vehicle |
| convicted of DUI in Florida. The ignition interlock | | | | to obtain a hardship (business or employment) license |
| program affects those arrested and convicted of DUI | | | | to operate a commercial motor vehicle. |
| after July 1, 2002. This is applicable upon eligibility of | | | | DUI School Requirements in Florida |
| reinstatement for a permanent or restricted driver's | | | | First Conviction: |
| license. The ignition interlock device is also required | | | | Must complete the mandated tenure the DUI school |
| when a driver convicted of DUI in Florida applies for a | | | | before the hardship reinstatement could take place. |
| restricted license for work or business purposes. Two | | | | Individuals who wait out the revocation period before |
| ignition interlock vendors were selected by the State | | | | reinstatement need only show proof of enrollment or |
| of Florida. | | | | completion to become re-licensed. |
| If the person is otherwise eligible, a driver's license will | | | | If an individual enrolls and is reinstated after the |
| be issued with a restriction indicating that the interlock | | | | revocation period expires, failure to complete the DUI |
| device is required. The required time period for | | | | school within 90 days after reinstatement will result in |
| interlock officially begins on the day the "P" interlock | | | | license cancellation. The driver cannot then be |
| restriction is issued. | | | | re-licensed until the DUI school tenure is completed. |
| Costs to the Defendant | | | | Second Conviction in 5 Years (5-Year Revocation) or |
| The cost (plus tax) to the convicted person for an | | | | Third Conviction in 10 Years (10-Year Revocation): |
| ignition interlock device is:o $70 for installationo $67.50 | | | | Customers must complete their DUI school tenure |
| for monthly monitoring and calibrationo $100 refundable | | | | following a conviction. |