Eric J. Dirga, P.A.

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Consequences of a DUI in Florida

Florida DUI Penalties

Information provided by Eric J. Dirga, P.A., Orlando

Last Updated: May 22, 2016

Florida DUI Penalties and Administrative Suspensions

This information is provided by the State of Florida, Department of Highway Safety and Motor Vehicles [DHSMV], on their website.

  1. DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). §316.193 Fla. Stat.Under Florida law, DUI is an offense proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of 0.08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense was proven.

  2. FINE SCHEDULE §316.193(2)(a)-(b), Fla. Stat.
    A. First Conviction: Not less than $500 or more than $1,000.
    With Blood/Breath Alcohol Level [BAL] of 0.15 or higher or minor in the vehicle: Not less than $1,000 or more than $2,000.
    B. Second Conviction: Not less than $1,000 or more than $2,000.
    With BAL of 0.15 or higher or minor in the vehicle: Not less than $2,000 or more than $4,000.
    C. Third Conviction (More than 10 years from prior): Not less than $2,000 or more than $5,000. With BAL of 0.15 or higher or minor in vehicle, not less than $4,000.
    D. Third Conviction (Within 10 years of prior): Not more than $5,000. With BAL of 0.20 or higher or minor in the vehicle, not less than $2,000.
    E. Fourth or subsequent conviction: Not less than $2,000. Mandatory lifetime license revocation.

  3. IGNITION INTERLOCK DEVICE: Mandatory one year for second DUI. Mandatory 2 years for third DUI.

  4. COMMUNITY SERVICE §316.193(6)(a), Fla. Stat.
    First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

  5. PROBATION §316.193(5)-(6), Fla. Stat.
    First conviction: Total period of incarceration and probation may not exceed one year.

  6. INCARCERATION §316.193(2)(a)2, (4)(b), (6)(j), Fla. Stat.
    At the Court's discretion, sentencing terms may be served in a residential substance abuse treatment program, credited toward term of incarceration.
    A. First Conviction: Not more than 6 months. With BAL of 0.15 or higher or minor in vehicle, not more than 9 months.
    B. Second Conviction: Not more than 9 months. With BAL of 0.15 or higher or minor in vehicle, not more than 12 months. If second arrest within 5 years of first conviction mandatory minimum incarceration of 10 days with at least 48 hours consecutive.
    C. Third Conviction more than 10 years: Not more than 12 months.If third arrest within 10 years mandatory minimum incarceration of 30 days with at least 48 hours consecutive.
    D. Fourth or Subsequent Conviction: Not more than 5 years or as provided in §775.084, Fla. Stat. as habitual/violent offender.

  7. IMPOUNDMENT OR IMMOBILIZATION OF VEHICLE §316.193(6), Fla. Stat.
    Unless the family of the defendant has no other transportation or the vehicle is used by the defendant's business or the vehicle is a rental vehicle the following applies:
    A. First Conviction: 10 days.
    B. Second Conviction (within 5 years): 30 days.
    Impoundment or immobilization must not occur concurrently with incarceration.

  8. MOTOR VEHICLE TAG REGISTRATION LAW 320.055:Requires motor vehicle owners whose drivers license has been suspended for DUI to obtain a six-month registration as a condition of license reinstatement. Time period 3 years.

  9. IGNITION INTERLOCK DEVICE 316.193, 316.1937, 322.16 AND 322.2715, Fla. Stats.
    A. First Conviction: Must be court ordered unless BAL .15 or higher or minor in vehicle then mandatory 6 months.
    B. Second Conviction: Mandatory for at least one continuous year. If BAL .15 or higher or minor in vehicle then mandatory two continuous years.
    C. Third Conviction: Mandatory for at least two years.
    D. DHSMV may administratively require it.
    E. Third IID Violation: Treatment required and IID extended at least one continuous month up to date treatment is completed.

  10. CONDITIONS FOR RELEASE OF PERSONS ARRESTED FOR DUI §316.193(9), Fla. Stat.
    A. The person is no longer under the influence, and;
    B. The person's normal faculties are no longer impaired, or;
    C. The person's blood/breath alcohol level is lower than 0.05, or;
    D. Eight Hours have elapsed from the time the person was arrested.

  11. DUI MISDEMEANOR CONVICTION: (Accident involving property damage or personal injury) §316.193(3), Fla. Stat.
    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).

  12. DUI FELONY CONVICTION: (Repeat Offenders or Accidents Involving Serious Bodily Injury) §316.193(2), (3), Fla. Stat.
    A. Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more that $5,000 fine and/or 5 years imprisonment).
    B. 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 §775.084, Fla. Stat.

  13. MANSLAUGHTER AND VEHICULAR HOMICIDE §316.193(3), Fla. Stat.
    A. DUI/MANSLAUGHTER: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
    B. DUI/MANSLAUGHTER/LEAVING THE SCENE: A driver convicted of DUI manslaughter who knew or 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).
    C. VEHICULAR HOMICIDE: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
    D. VEHICULAR HOMICIDE/LEAVING THE SCENE: A driver convicted of Vehicular Homicide who left the scene of the accident is guilty of a first degree felony (not more than $10,000 fine and/or 30 years imprisonment).

  14. DRIVER LICENSE REVOCATION PERIODS FOR DUI §§322.271 and 322.28, Fla. Stat.
    A. FIRST CONVICTION: Minimum 180 days revocation, maximum 1 year.
    B. SECOND CONVICTION OUTSIDE OF 5 YEARS: Same as A above.
    C. SECOND CONVICTION WITHIN 5 YEARS: Minimum 5 years revocation. Eligible for hardship reinstatement after 1 year.
    D. THIRD CONVICTION WITHIN 10 YEARS OF SECOND CONVICTION: Minimum 10 years revocation. Eligible for hardship reinstatement after 2 years.
    E. FOURTH CONVICTION (REGARDLESS OF WHEN OTHERS OCCURRED) OR MURDER WITH MOTOR VEHICLE: Mandatory permanent revocation. No hardship reinstatement.
    F. DUI MANSLAUGHTER: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
    G. MANSLAUGHTER, DUI SERIOUS BODILY INJURY, OR VEHICULAR HOMICIDE: Minimum 3 year revocation. DUI Serious Bodily Injury having prior DUI conviction same as C-F above.

  15. COMMERCIAL MOTOR VEHICLES (CMV) - ALCOHOL RELATED CONVICTIONS/DISQUALIFICATIONS §322.61, Fla. Stat.
    A. 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 driving a Commercial Motor Vehicle for a period of 1 year. This is in addition to any provisions of §316.193, Fla. Stat. for DUI convictions.
    B. Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification of operating a Commercial Motor Vehicle.
    C. There are no provisions for persons disqualified from operating a Commercial Motor Vehicle to obtain a hardship license (business or employment) to operate a Commercial Motor Vehicle.

  16. BUSINESS PURPOSES ONLY/EMPLOYMENT PURPOSES ONLY REINSTATEMENTS §§322.271 and 322.28, Fla. Stat.
    A. FIRST CONVICTION: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for six months for BAL of 0.15 or higher.
    B. SECOND CONVICTION (OR MORE): No hardship license except as provided below. Mandatory ignition interlock device for one year or for two years for BAL of 0.20 or higher.
    C. 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 0.15.
    D. THIRD CONVICTION WITHIN 10 YEARS: (10 year revocation) May apply for hardship reinstatement hearing after 2 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 devise for 2 years.
    E. 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 termination of incarceration provided the following requirements have been met - The driver:
    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 have completed 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 the cancellation of the hardship license).
    5. has mandatory 2-year ignition interlock device.
    F. 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.

  17. DUI SCHOOL REQUIREMENTS §§316.193, 322.271 and 322.291, Fla. Stat.
    A. First Conviction: Must complete DUI program before hardship reinstatement. Drivers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If driver enrolls and is reinstated after revocation period expires, failure to complete the DUI program within 90 days after reinstatement will result in license cancellation. The driver then cannot be re-licensed until DUI program is completed.
    B. Second Conviction within 5 years of first (5 year revocation) or Third Conviction in 10 years (10 year revocation): Driver must complete DUI program following conviction. See requirements in 13C and 13D respectively.
    C. DUI Manslaughter with no prior DUI related conviction: (Permanent revocation): Must complete DUI program before hardship reinstatement.
    D. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide: See 13F.
    E. Drivers Who Wait Until Revocation Period Expires: Must enroll in DUI program and pass the driver license examinations to be re-licensed. Failure to complete the DUI program within 90 days after reinstatement will result in license cancellation.
    F. Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substance contributed to a violation for reckless driving, the person convicted of reckless driving must complete the DUI school if ordered by the court.
    G. Treatment: Treatment resulting from a psychosocial evaluation may not be waived without supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.

  18. CHEMICAL OR PHYSICAL TEST PROVISIONS (Implied Consent Laws) §§316.1932, 316.1933, 316.1934 and 316.1939, Fla. Stat.
    A. 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 second degree.
    B. Driver License Suspension Periods: First refusal, suspended for one year. Second or subsequent refusals, suspended for 18 months.
    C. Commercial Driver's 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.
    D. 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.
    E. 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.
    F. Portable Alcohol Breath Testing Devices: Authorized by §322.2616, Fla. Stat., for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under §322.2616, Fla. Stat.

  19. ADJUDICATION AND SENTENCING §§316.656 and 322.2615, Fla. Stat.
    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 0.15 or greater.

  20. DRIVING WHILE LICENSE SUSPENDED OR REVOKED §322.34, Fla. Stat.
    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 third degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both.

  21. ADMINISTRATIVE SUSPENSION OF PERSONS UNDER THE AGE OF 21 FOR DRIVING WITH AN ALCOHOL LEVEL .02 OR ABOVE §322.2616, Fla. Stat.
    Florida statutes authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in 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.
    A. First Suspension for Persons Under the Age of 21 With An Alcohol Level 0.02 or above: Six months.
    B. Second of Subsequent Suspensions: One year.
    C. First Suspension for Refusal to Submit to Breath Test: One year.
    D. Second or Subsequent Suspensions for Refusal: 18 months.
    The suspension is effective immediately. If the breath or alcohol level is 0.05 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.

  22. ADMINISTRATIVE SUSPENSION LAW §§322.2615, 316.193 and 316.1932, Fla. Stat.
    A. First Suspension for Driving With an Unlawful Alcohol Level (0.08 or above): Six months. Second of Subsequent Suspensions: One year.
    B. First Suspension for Refusal to Submit to Breath, Urine, or Blood Test: One year. Second of Subsequent Suspensions: 18 months.
    The suspension is effective immediately. 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.

  23. ADMINISTRATIVE DISQUALIFICATION LAW §§322.64, Fla. Stat.
    A. First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (0.04 or above): One year disqualification. Second of Subsequent Suspensions: One year disqualification.
    B. Driving a motor vehicle while he or she is under the influence of alcohol or controlled substance: One year disqualification.
    C. First Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: One year disqualification. Second of Subsequent Suspensions: 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 0.08 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.

  24. REVIEW HEARINGS FOR ADMINISTRATIVE SUSPENSION AND DISQUALIFICATION §§322.2615 and 322.64, Fla. Stat.
    Florida law authorizes the DHSMV upon request by the driver to conduct a formal or informal review for the purpose of sustaining, amending, or invalidating administrative suspensions and disqualifications. The decision of the department shall not be considered in any trial for a violation of §316.193, 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.
    A. Business or Employment Reinstatement:
    1. Suspension - Driving with an Unlawful Alcohol Level of 0.08 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 a 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.
    (Driver may waive right to hearing and avoid suspension period without a license.)
    2. Suspension - Persons Under Age of 21 Driving with an Alcohol Level of 0.02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. With 0.05 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.
    B. Hardship License Prohibited:
    1.
    Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal.
    2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.

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