florida's dwi law

If you have been arrested for DUI, and you refused to take a breath, blood, or urine test, or if you took a test but your result is .08% or higher, you only have ten days to request a hearing with the Florida Department of Motor Vehicles in order to save your license. A failure to request a hearing within the time period will result in at least a six month suspension of your driving privileges.

Florida DUI charges can be proven through two theories. The first is the “impairment” of normal faculties theory. The second, is an unlawful blood alcohol level (BAL) of .08% or higher. The penalties are the same regardless of what theory is used. The impairment theory relies on evidence such as the defendant's driving pattern, physical appearence, field sobriety test results and possibly the BAL test results, but, keep in mind that a BAL of .08% or higher is not necessary under the impairment theory. However, under the second theory a BAL of .08% or higher is the only element necessary to be convicted as this theory relies solely on the defendant's body chemistry and does not require any evidence of actual impairment.

The penalties and consequences for a Florida DUI arrest include fines, jail, and license suspensions from the court. They can also include license suspensions through the Florida DMV as mentioned above.

Fines for Florida DUI convictions can range from a minimum of $250, to a maximum of $2,000, depending upon whether the case is a first-offense DUI, and upon other aggravating factors.

In addition, community service is mandatory for a first conviction (50 hours), or an additional fine of $10 for each hour of community service required. For a first-offense DUI, the total period of probation and jail may not exceed one year.

For a first time offender, jail time may be imposed up to 6 months. If the offender has a BAL of .2 or higher or had a minor in the vehicle at the time of arrest, up to 9 months may be sentenced.

For a second DUI offense, up to 9 months may be imposed. If the defendant had a BAL of .20% or had a minor in the vehicle at the time of arrest, up to 12 months may be ordered. If the second conviction is the second within 5 years, there is mandatory imprisonment for at least 10 days.

For a third DUI conviction within 10 years, there is mandatory imprisonment of at least 30 days.

For a fourth conviction, up to 5 years imprisonment may be ordered.
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Florida criminal and Driver's License Consequences

Felony DUI punishments

Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI ever, commits a Third Degree Felony, punishable by up to $5,000 in fines and/or 5 years imprisonment.

Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony, punishable by up to $5,000 in fines and/or 5 years imprisonment.

Driver License Revocation Periods for DUI

For a first time DUI conviction, there is a minimum 180 day revocation, up to one year maximum.

For a second conviction within 5 years, there is a minimum 5 year revocation.

A third DUI conviction within 10 years results in a minimum 10 years revocation. Reinstatement for hardship may be possible after 2 years.

For a fourth DUI Conviction, there is a mandatory permanent revocation.

If convicted for DUI manslaughter, there is a mandatory permanent revocation. If no prior DUI convictions, there is possibility for a reinstatement for hardship after 5 years.

For manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions, there is a minimum 3-year revocation.

Administrative license suspension law

A first suspension for driving with an unlawful alcohol level (.08 or above) results in a six month suspension.

A second or subsequent suspension for driving with an unlawful alcohol level (.08 or above) results in a 1 year suspension.

If an offender refuses to submit to breath, urine or blood test, there is a one year suspension. A second or subsequent suspensions for refusal may result in an 18 month suspension.
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