FLORIDA DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
FLORIDA DUI/ DWI REGULATIONS
In Florida, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
Having a license in the state of Florida automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being suspended or revoked. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
FLORIDA DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
1st Offense
If convicted for a 1st offense of DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
- Points will be added to your driving record.
- Your license will be revoked for 180 days to a year.
- You may be eligible to apply for the Hardship License in the county where you live before revocation period expires, and then become eligible to reinstate your license, if you meet the reinstatement requirements.
- If BAC is 0.15% or above or you have a minor in the vehicle then you may be imprisoned for up to 6 months and/or fined $1,000 to $2,000.
- You will have to do mandatory community service for 50 hours or pay an extra $10 fine for every hour of community service.
- Fines of $500 to $1,000.
- Probation of no more than 1 year.
- Jail time of up to 6 months. For BAC of 0.15% or higher, the sentence could last 9 months.
- Vehicle impoundment for 10 days (not counted during your incarceration).
2nd Offense
(within 5 years)
- Imprisonment for up to 9 months. (Mandatory imprisonment for 10 days. Of which, at least 48 hours should be consecutive.)
- A $1,000 to $2,000 fine.
- Points will be added to your driving record.
- You may be eligible to apply for a Hardship License once you complete 1 year from the effective date of revocation provided you meet the conditions.
- A BAC of 0.15% or higher, or driving with a minor in the car, will require up to 12 months in jail and a $2,000 to $4,000 fine. If it’s your 2nd conviction in 5 years, a mandatory jail sentence of 10 days will be required.
- Vehicle impoundment for 30 days.
- Driver license revoked for 5 years.
3rd Offense
(within 10 years)
- Is treated as a 3rd Degree Felony.
- Fines of $2,000 to $5,000.
- Points will be added to your driving record.
- Vehicle impoundment for 90 days for a 3rd conviction in 10 years.
- Mandatory imprisonment of 30 days minimum to 1 year, if it’s your 3rd conviction in 10 years (of which, at least 48 hours should be consecutive). If it’s outside the 10-year limit, the maximum jail time is 12 months.
- You may be eligible to apply for a Hardship License once you complete 2 years from the effective date of revocation provided you meet the conditions.
- Driver license revoked for a minimum of 10 years – if it’s your 3rd conviction within 10 years of the 2nd conviction.
- If your BAC is 0.15% or above or you have a minor in the vehicle, you will receive a minimum fine of $4,000.
4th Offense
and Subsequent Offenses – “Habitual/Violent Offender”
- Is treated as a 3rd Degree Felony.
- Imprisonment for up to 5 years.
- A minimum $4,000 fine.
- Points will be added to your driving record.
- Your license will be permanently revoked.
- You won’t ever be eligible for hardship reinstatement.
If you are under 21 years old:
- Your license may be administratively suspended for 6 months after the 1st conviction, and for 1 year after the 2nd and subsequent conviction.
- Refusal to submit to testing will lead to your license being administratively suspended for 12 months for 1st offense and for 18 months for 2nd offense.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.
ADDITIONAL FLORIDA DUI/ DWI PENALTIES
DUI Misdemeanor
If you cause property damage or personal injury to someone else while driving under the influence, you’ll be charged with a 1st degree misdemeanor. That means fines up to $1,000 and jail time of up to 1 year.
DUI Felony
If you receive 3 DUIs in 10 years, or receive a 4th conviction at any time, you’ll be committing a 3rd degree felony. You’ll also have a felony conviction if you cause serious bodily injury to someone else. Fines can reach $5,000 and jail time can last 5 years.
DUI Manslaughter
If you kill someone while driving with alcohol in your system, it’s a 2nd degree felony, with penalties of a fine up to $10,000 and/or jail sentence up to 15 years. If you leave the scene of the accident after killing someone, it’s a 1st degree felony, punishable by a fine of up to $10,000 and/or jail sentence up to 30 years.
FLORIDA PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%.
- If your refuse to submit to a test you will be disqualified from driving a commercial vehicle for 1 year.
- You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
- Aside from these actions, penalties mentioned above for drivers over 21 may also apply to commercial drivers for their 1st and 2nd offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
FLORIDA ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
Florida laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:
- The driver is age 21 and over and is driving with BAC 0.08% or more.
- The driver is under age 21 and is driving with BAC 0.02% or more.
Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Florida driver license, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant. For driving with unlawful BAC (DUBAL) you will be given a 10-day permit on the arrest date. The driver can schedule an administrative hearing after the notice of suspension/ revocation.
It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 10 year driving record. If the driver has alcohol related convictions or suspensions for this 10 year period, his license will be revoked for 5 years. If not, it will be suspended for 180 days to 1 year. Your license will be permanently revoked if is a 4th offense in a 5-year period. You may be eligible to drive using the Hardship License, if you meet the conditions and subject to the nature of offense.
FLORIDA LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Highway Safety and Motor Vehicles, once the period of suspension or revocation is over.
Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- To complete the reinstatement requirements, you must prove that you have successfully completed the Florida Licensed DUI Programs or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program), pay the reinstatement fee of $60, administrative fee of $115 and maintain proof of financial responsibility for 2 years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. For DUBAL you will have to pay the reinstatement fee is $35 and administrative fee of $115.
- If you are being convicted for a 2nd or subsequent time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive. It may also be ordered for a 1st Conviction if BAC is 0.15% or if you have minor in car.
- In some cases, it might be possible to have your suspended license reinstated for hardship purposes, meaning to drive to and from work only. You’ll have to complete a DUI program and probably have an ignition interlock device installed on your car for 6 months to 5 years. The ignition interlock device requires the driver to give a breath sample before starting the car. If the BAC is more than .05, the car will not start. The device even submits the driver to “rolling retests,” meaning an alarm will sound and the driver must give a sample while operating the vehicle. Even if you don’t apply for a hardship reinstatement, you’ll still be required to take the DUI course and possibly use an ignition interlock device. For more official details and regulations concerning DUI convictions, please see the state’s website.
- You can submit the reinstatement application and fees (Monday-Friday from 8 am to 5 pm, except for state holidays) in person at a Department of Highway Safety and Motor Vehicles office near you.