FLORIDA
DUI
* 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.
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 s. 316.193(2)(a)-(b), F.S.
• |
First Conviction:
Not less than $500, or more than $1,000. With Blood/Breath
Alcohol Level (BAL) of .15 or higher or minor in
the vehicle: Not less than $1,000, or more than
$2,000. |
• |
Second Conviction: Not less than
$1,000, or more than $2,000. With BAL of .15 or
higher or minor in the vehicle: Not less than $2,000,
or more than $4,000. |
• |
Third Conviction More than 10
years from second: Not less than $2,000, or more
than $5,000. With BAL of .15 or higher or minor
in the vehicle: Not less than $4,000. |
• |
Fourth or Subsequent Conviction:
Not less than $2,000. |
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.
Probation - s. 316.193 (5)(6), F.S.
First conviction, total period of probation and incarceration
may not exceed 1 year.
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 .15 or higher
or minor in the vehicle: Not more than 9 months.
|
• |
Second Conviction: Not more than
9 months. With BAL of .15 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 Statutes, as habitual/violent offender. |
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.
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. |
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).
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. |
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). |
Driver License Revocation Periods for DUI-s. 322.271,
F.S. and s. 322.28,F.S.
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).
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 of the second conviction:
minimum 10 years revocation. May be eligable for a hardship
reinstatement after two years.
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.
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: driving a 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
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. |
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 .15. |
• |
Second Convictions (or more):
No hardship license except as provided below. Mandatory
ignition interlock device for one year, or for two
years if BAL is greater than .20. |
• |
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 .15. |
• |
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. |
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. |
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. |
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 .15
or greater.
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.
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. |
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. |
Administrative Disqualification Law
• |
First Disqualification
for Driving a Commercial Motor Vehicle With an Unlawful
Blood Alcohol Level (.04 or above): 1 year disqualification
|
• |
driving a motor vehicle while
he or she is under the influence of alcohol or a
controlled substance: 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. |
• |
Second or Subsequent Disqualification
of driving a motor vehicle while he or she is under
the influence of alcohol or a controlled substance:
Permanently disqualification |
• |
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. |
STATE & LOCAL DUI RESOURCES AND INFORMATION
Broward Date Safety Council
http://www.browardsafety.org
Pride Integrated Services
http://www.aboutpride.org
Florida DUI School Classes
http://www.floridasafety.org/courselist.asp?cat=7
|