DUI Laws
* Driving
Under the Influence
* Fine Schedule
* Community Service
* Probation
* Imprisonment
* Impoundment or Immobilization of Vehicle
* Conditions of Release of Persons Arrested for DUI
* DUI Misdemeanor Conviction
* DUI Felony Conviction
* Manslaughter and Vehicular Homicide
* Driver License Revocation Periods for DUI
* Commercial Motor Vehicles (CMV)
Alcohol-Related Convictions
* Business Purposes Only/Employment Purposes Only Reinstatements
* DUI School Requirements
* Chemical or Physical Test Provisions
* Adjudication and Sentencing
* Driving While License Suspended or Revoked
* Administrative Suspension of Persons Under the Age of 21
* Administrative Suspension Law
* Administrative Disqualification Law
* Review Hearings for Administrative Suspension and Disqualification
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 $250,
or more than $500. With Blood/Breath Alcohol
Level (BAL) of .20 or higher or minor in
the vehicle: Not less than $500, or more
than $1,000.
* Second Conviction: Not less than $500,
or more than $1,000. With BAL of .20 or higher
or minor in the vehicle: Not less than $1,000,
or more than $2,000.
Third Conviction More than 10 years: Not
less than $1,000, or more than $2,500. With
BAL of .20 or higher or minor in the vehicle:
Not less than $2,000.
* Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or
higher or minor in the vehicle. Not less than $2,000.
* Fourth or Subsequent Conviction: Not
less than $1,000. With BAL of .20 or higher
or minor in the vehicle. 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 .20 or higher
or minor in the
vehicle: Not more than 9 months.
* Second
Conviction: Not more than 9 months. With
BAL of .20 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 Statutues, 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: Minimum 10 years revocation.
May be eligible for
hardship reinstatement after 2 years. Other
3rd offenders same as "A" above;
one conviction more than 10 years prior and
one within 5 years, same as "B" above.
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 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 .20 or higher, or for two years if
BAL is greater than .20.
* Second Convictions (or more): No hardship
license except as provided below. Mandatory
ignition interlock device for one year, effective
07/03.
* 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 .20.
* 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 .20 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): 6 months
disqualification
* Second or Subsequent Disqualification
of Driving a Commercial Motor Vehicle With
an Unlawful Alcohol Level (.04 or above):
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.
* 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.