DUI FAQ

Yes, in Florida DUI is a criminal offense. DUI can be charged as either a misdemeanor or a felony. DUI may be a felony offense if there is 3 or more prior DUI convictions within 10 years or if the DUI arrest involved death or serious bodily injury.

DUI can be charged if a person is either driving a vehicle (including a bicycle) or is in actual physical control of the vehicle while impaired. Sitting or sleeping in a car while impaired may result in an arrest for DUI.

Certain legal prescription medications can give rise to a DUI charge. Illicit drugs such as marijuana or cocaine also may be grounds for a DUI arrest.

No. Refusal to submit to roadside tests can increase the chances that the charge can be reduced or even dropped, however, your refusal typically will result in an arrest and charge of DUI.

Law enforcement officers must offer a breath test in all DUI cases unless the person is seriously injured. If the injury requires a hospital visit the police will request a blood test. If the arrested person submits to the breath test then a blood test can be requested by the defendant at his own expense. The law enforcement officer will require two breath samples. A third sample can be requested if there is a large disparity between the first two samples. Refusal to submit to a breath test will cause a suspension of your drivers license for one-year. A second refusal may result in an additional criminal charge that could result in a one year jail sentence. Blood tests are mandatory in all accidents involving serious injury or death. Blood tests may be demanded by the defendant in all cases where a breath test has been completed. Urine tests can be requested by the police in all cases where the breath test results in a non-impaired reading (under .08) or if the officer believes a controlled substance (either legal or illicit) has caused impairment. Refusal to give a urine sample will result in at least a one-year driver's license suspension.

No, however, you can demand an attorney prior to answering any questions. Law enforcement officers must stop the questioning once you exercise your right to legal counsel.

Maybe. The law enforcement officer will take your driver's license from your possession. You will be issued a citation which will serve as your temporary license for the next 10 days. Within the 10 day period you may demand an administrative hearing which will extend the time permitted to drive. It is best to hire counsel within the 10 day period to allow them to make the demand and to represent you at the hearing.

Yes. If you are convicted or enter a plea bargain resulting in a DUI sentence your license will be suspended for as little as 6 months and as long a lifetime depending upon the facts and prior conviction record.

• First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
• Subsequent Convictions: Community service is not mandated.

• First conviction and any subsequent misdemeanor convictions: total period of probation and incarceration may not exceed 1 year.

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.

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.
 

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) 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)

• 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

• 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).

1. First Conviction: Minimum 180 days revocation, maximum 1 year.
2. 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.
3. Third Conviction Within 10 Years of the second conviction: minimum 10 years revocation. May be eligable for a hardship reinstatement after two years.
4. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
5. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
6. 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.

• 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.

• 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.

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.

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.

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.

• 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.

• 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.

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 view be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification.

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.

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.