FLORIDA DUI LAW AND ADMINISTRATIVE PENALTIES

 

JAIL:

  • First conviction:

    • Imprisonment for not more than six months.

    • If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than nine months.

  • Second conviction:

    • Imprisonment for not more than nine months.

    • If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than 12 months.

    • If second conviction was within five years of a prior conviction, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

  • Third conviction:

    • If third conviction is within 10 years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive.

    • If third conviction is more than 10 years of a prior conviction, imprisonment for not more than 12 months.

  • Fourth or subsequent conviction:

    • Imprisonment for not more than five years, or as provided in section 775.084, Florida Statutes, if habitual/violent offender.

 

FINES:

  • First conviction:

    • Not less than $500 or more than $1,000.

    • If blood/breath alcohol level (BAL) was .15 or higher, or if there was a 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.

    • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $2,000 or more than $4,000.

  • Third conviction (within 10 years from the second offense):

    • Not less than $2,000 or more than $5,000.

    • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.

  • Third conviction (more than 10 years from second):

    • Not less than $2,000 or more than $5,000.

    • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.

  • Fourth or subsequent conviction

    • Not less than $2,000.

    • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.

 

 

IMPOUNDMENT/IMMOBILIZATION:

 

Unless the family of the defendant has no other form of transportation (hardship showing):

  • First conviction: 10 days

  • Second conviction within five years of a prior conviction: 30 days

  • Third conviction within 10 years of a prior conviction: 90 days

 

PRETRIAL RELEASE CONDITIONS:

  • The person is no longer under the influence and the person’s normal faculties are no longer impaired;

  • Defendant’s BAC is less than 0.05; or

  • 8 hours have elapsed since arrest

 

DUI CRASHES INVOLVING PROPERTY DAMAGE OR PERSONAL INJURY:

  • 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 one-year imprisonment).

 

REPEATED DUIs AND CRASHES INVOLVING SERIOUS BODILY INJURY:

  • Any person convicted of a third DUI within 10 years of a prior conviction or a fourth or subsequent DUI, is guilty of committing 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 committing a third degree felony (not more than $5,000 fine and/or 5 years imprisonment) or as provided in section 775.084, Florida Statutes, if habitual/violent felony offender

 

DUI MANSLAUGHTER AND VEHICULAR HOMICIDE:

  • DUI Manslaughter (F2): Second-degree felony (not more than $10,000 fine and/or 15 years imprisonment).

  • DUI Manslaughter/Leaving the Scene (F1): A driver convicted of DUI manslaughter who knew/should have known the crash occurred, but 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 (F2): Second-degree felony (not more than $10,000 fine and/or 15 years imprisonment).

  • Vehicular Homicide/Leaving the Scene (F1): A driver convicted of vehicular homicide who left the scene of a crash is guilty of a first-degree felony (not more than $10,000 fine and/or 30 years imprisonment).

 

DL REVOCATION PERIODS:

  • First offense without bodily injury: Minimum 180 days revocation, maximum 1 year.

  • First offense with bodily injury: Minimum 3 years revocation.

  • Second offense within five years from prior conviction: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year.

  • Second offense five or more years after first conviction: the same revocation periods as first offense apply (Minimum 180 days revocation, maximum 1 year)

  • Third offense within 10 years of the second conviction: Minimum 10 years revocation. May be eligible for a hardship reinstatement after 2 years.

  • Third offense 10 or more years after the second conviction: the same revocation periods as first offense apply (Minimum 180 days revocation, maximum 1 year)

  • Fourth conviction, regardless of when prior convictions occurred: Mandatory permanent revocation. May be eligible for hardship reinstatement after 5 years. If incarcerated, the revocation period begins upon date of release from incarceration.

  • DUI manslaughter: Mandatory permanent revocation. May be eligible for hardship reinstatement after 5 years (If there are no prior DUI related convictions).

  • Manslaughter, DUI serious bodily injury or vehicular homicide convictions: Minimum 3 years revocation. DUI serious bodily injury having prior DUI conviction is the same as second – fourth bullet above.

 

HARDSHIP DL:

  • First conviction: must complete DUI school and apply to FLHSMV for hearing for possible hardship reinstatement. Mandatory ignition interlock device (IID) for up to six months for BAL of .15.

  • Subsequent convictions:  no hardship license except as provided below. Mandatory IID for one to two years if BAL is greater than .15.

  • Second conviction within five years: 5-year revocation. May apply for hardship reinstatement hearing after 1 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 results 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 IID for one to two years if BAL is greater than .15.

  • Third conviction within 10 years of a prior conviction: 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 results 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 IID for two years.

  • DUI manslaughter with no prior DUI-related conviction: Permanent revocation. May be eligible for hardship reinstatement after five years have expired from date of revocation or from date of term of incarceration, provided the following requirements have been met:

    • Applicant has not been arrested for a drug-related offense for at least five years prior to the hearing;

    • Applicant has not driven a motor vehicle without a license for at least five years prior to the hearing;

    • Applicant has been alcohol and drug-free for at least five years prior to the hearing; and

    • Applicant must complete a DUI school and be supervised under the DUI program for the remainder of the revocation period. Failure to report for counseling or treatment results in cancellation of the hardship license.

 

*If these requirements have been met, an IID is required for 2 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.

  • Hardship Prohibited:

    • Section 316.193, Florida Statutes, prohibits any hardship reinstatement upon second or subsequent suspension for test refusal or if driver has been convicted of DUI two or more times.

    • Persons disqualified from operating a Commercial Motor Vehicle (CMV) cannot obtain a hardship license to operate a CMV.

 

REFUSALS:

  • Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal is a firs-degree misdemeanor.

  • Driver license suspension periods, first refusal, suspended for one year. Second or subsequent refusals, suspended for 18 months.

  • Commercial driver license disqualification periods: first refusal in a CMV, disqualified for 1 year; second or subsequent refusals in a CMV, 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 will 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 a blood test will result in the suspension of his privilege to operate a motor vehicle.

  • Portable alcohol breath testing devices authorized by section 322.2616, Florida Statutes, for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under section 322.2616, Florida Statutes.

COMMERCIAL MOTOR VEHICLES (CMV):

Persons who are licensed to operate a CMV may be disqualified from operating a CMV for 1 year in several instances. Some of these disqualifying instances include:

  • Conviction for driving a CMV with a blood alcohol level of .04 or above;

  • Driving a CMV while under the influence of alcohol or a controlled substance or refusing to submit to a test to determine the alcohol concentration while driving a CMV;

  • Driving a CMV while under the influence of alcohol or controlled substance; or driving a CMV while in possession of a controlled substance.

  • There are no provisions that allow for CMVs to obtain a Hardship DL. 

  • Administrative Suspension Periods for CMVs:

  • First disqualification for driving a commercial motor vehicle (CMV) while he or she is under the influence of alcohol or a controlled substance or with an unlawful blood alcohol level (.04 or above), one year disqualification.

  • Second or subsequent disqualificationof driving a CMV while he or she is under the influence of alcohol or a controlled substance, permanently disqualified.

  • First disqualification for refusal to submit to breath, urine, or blood test arising from the operation of a CMV, one year disqualification.

  • Second or subsequent disqualification for refusal to submit to breath, urine, or blood test arising from the operation of a CMV, 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 CMV or a non-commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest, provided the driver is otherwise eligible; however, the permit does not authorize the operation of a CMV, only for the operation of a non-commercial motor vehicle.