Florida department of highway safety and motor vehicles DUI information

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.

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.