Miami DUI Lawyers
- Best Vredevelt & Associates:
Florida's Boating Under the Influence Law
327.35 Boating under the influence; penalties; "designated drivers".--
(1) A person is guilty of the offense of boating under the influence and is subject to
punishment as provided in subsection (2) if the person is operating a vessel within this state
and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set
forth in s. 877.111, or any substance controlled under chapter 893, when affected to the
extent that the person's normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters
of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of
breath.
(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who
is convicted of a violation of subsection (1) shall be punished:
1. By a fine of:
a. Not less than $250 or more than $500 for a first conviction.
b. Not less than $500 or more than $1,000 for a second conviction; and
2. By imprisonment for:
a. Not more than 6 months for a first conviction.
b. Not more than 9 months for a second conviction.
(b)1. Any person who is convicted of a third violation of this section for an offense that occurs
within 10 years after a prior conviction for a violation of this section commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. Any person who is convicted of a third violation of this section for an offense that occurs
more than 10 years after the date of a prior conviction for a violation of this section shall be
punished by a fine of not less than $1,000 or more than $2,500 and by imprisonment for not
more than 12 months.
3. Any person who is convicted of a fourth or subsequent violation of this section, regardless
of when any prior conviction for a violation of this section occurred, commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
However, the fine imposed for such fourth or subsequent violation may not be less than
$1,000.
(3) Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vessel; and
(c) Who, by reason of such operation, causes or contributes to causing:
1. Damage to the property or person of another commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
2. Serious bodily injury to another, as defined in s. 327.353, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3. The death of any human being commits BUI manslaughter, and commits:
a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
(I) At the time of the accident, the person knew, or should have known, that the accident
occurred; and
(II) The person failed to give information and render aid as required by s. 327.30.
This sub-subparagraph does not require that the person knew that the accident resulted in
injury or death.
(4) Any person who is convicted of a violation of subsection (1) and who has a
blood-alcohol level or breath-alcohol level of 0.20 or higher, or any person who is convicted
of a violation of subsection (1) and who at the time of the offense was accompanied in the
vessel by a person under the age of 18 years, shall be punished:
(a) By a fine of:
1. Not less than $500 or more than $1,000 for a first conviction.
2. Not less than $1,000 or more than $2,000 for a second conviction.
3. Not less than $2,000 for a third or subsequent conviction.
(b) By imprisonment for:
1. Not more than 9 months for a first conviction.
2. Not more than 12 months for a second conviction.
For the purposes of this subsection, only the instant offense is required to be a violation of
subsection (1) by a person who has a blood-alcohol level or breath-alcohol level of 0.20 or
higher.
(5) In addition to any sentence or fine, the court shall place any offender convicted of
violating this section on monthly reporting probation and shall require attendance at a
substance abuse course specified by the court; and the agency conducting the course
may refer the offender to an authorized service provider for substance abuse evaluation
and treatment, in addition to any sentence or fine imposed under this section. The offender
shall assume reasonable costs for such education, evaluation, and treatment, with
completion of all such education, evaluation, and treatment being a condition of reporting
probation. Treatment resulting from a psychosocial evaluation may not be waived without a
supporting psychosocial evaluation conducted by an agency appointed by the court and
with access to the original evaluation. The offender shall bear the cost of this procedure. The
term "substance abuse" means the abuse of alcohol or any substance named or described
in Schedules I-V of s. 893.03.
(6) With respect to any person convicted of a violation of subsection (1), regardless of any
other penalty imposed:
(a) For the first conviction, the court shall place the defendant on probation for a period not
to exceed 1 year and, as a condition of such probation, shall order the defendant to
participate in public service or a community work project for a minimum of 50 hours. The
court must also, as a condition of probation, order the impoundment or immobilization of
the vessel that was operated by or in the actual control of the defendant or any one vehicle
registered in the defendant's name at the time of impoundment or immobilization, for a
period of 10 days or for the unexpired term of any lease or rental agreement that expires
within 10 days. The impoundment or immobilization must not occur concurrently with the
incarceration of the defendant. The impoundment or immobilization order may be
dismissed in accordance with paragraph (e) or paragraph (f). The total period of probation
and incarceration may not exceed 1 year.
(b) For the second conviction for an offense that occurs within a period of 5 years after the
date of a prior conviction for violation of this section, the court shall order imprisonment for
not less than 10 days. The court must also, as a condition of probation, order the
impoundment or immobilization of the vessel that was operated by or in the actual control
of the defendant or any one vehicle registered in the defendant's name at the time of
impoundment or immobilization, for a period of 30 days or for the unexpired term of any
lease or rental agreement that expires within 30 days. The impoundment or immobilization
must not occur concurrently with the incarceration of the defendant. The impoundment or
immobilization order may be dismissed in accordance with paragraph (e) or paragraph (f).
At least 48 hours of confinement must be consecutive.
(c) For the third or subsequent conviction for an offense that occurs within a period of 10
years after the date of a prior conviction for violation of this section, the court shall order
imprisonment for not less than 30 days. The court must also, as a condition of probation,
order the impoundment or immobilization of the vessel that was operated by or in the
actual control of the defendant or any one vehicle registered in the defendant's name at
the time of impoundment or immobilization, for a period of 90 days or for the unexpired term
of any lease or rental agreement that expires within 90 days. The impoundment or
immobilization must not occur concurrently with the incarceration of the defendant. The
impoundment or immobilization order may be dismissed in accordance with paragraph (e)
or paragraph (f). At least 48 hours of confinement must be consecutive.
(d) The court must at the time of sentencing the defendant issue an order for the
impoundment or immobilization of a vessel. Within 7 business days after the date that the
court issues the order of impoundment, and once again 30 business days before the actual
impoundment or immobilization of the vessel, the clerk of the court must send notice by
certified mail, return receipt requested, to the registered owner of each vessel, if the
registered owner is a person other than the defendant, and to each person of record
claiming a lien against the vessel.
(e) A person who owns but was not operating the vessel when the offense occurred may
submit to the court a police report indicating that the vessel was stolen at the time of the
offense or documentation of having purchased the vessel after the offense was committed
from an entity other than the defendant or the defendant's agent. If the court finds that the
vessel was stolen or that the sale was not made to circumvent the order and allow the
defendant continued access to the vessel, the order must be dismissed and the owner of
the vessel will incur no costs. If the court denies the request to dismiss the order of
impoundment or immobilization, the petitioner may request an evidentiary hearing.
(f) A person who owns but was not operating the vessel when the offense occurred, and
whose vessel was stolen or who purchased the vessel after the offense was committed
directly from the defendant or the defendant's agent, may request an evidentiary hearing to
determine whether the impoundment or immobilization should occur. If the court finds that
either the vessel was stolen or the purchase was made without knowledge of the offense,
that the purchaser had no relationship to the defendant other than through the transaction,
and that such purchase would not circumvent the order and allow the defendant
continued access to the vessel, the order must be dismissed and the owner of the vessel will
incur no costs.
(g) All costs and fees for the impoundment or immobilization, including the cost of
notification, must be paid by the owner of the vessel or, if the vessel is leased or rented, by
the person leasing or renting the vessel, unless the impoundment or immobilization order is
dismissed.
(h) The person who owns a vessel that is impounded or immobilized under this paragraph,
or a person who has a lien of record against such a vessel and who has not requested a
review of the impoundment pursuant to paragraph (e) or paragraph (f), may, within 10 days
after the date that person has knowledge of the location of the vessel, file a complaint in the
county in which the owner resides to determine whether the vessel was wrongfully taken or
withheld from the owner or lienholder. Upon the filing of a complaint, the owner or lienholder
may have the vessel released by posting with the court a bond or other adequate security
equal to the amount of the costs and fees for impoundment or immobilization, including
towing or storage, to ensure the payment of the costs and fees if the owner or lienholder
does not prevail. When the bond is posted and the fee is paid as set forth in s. 28.24, the
clerk of the court shall issue a certificate releasing the vessel. At the time of release, after
reasonable inspection, the owner or lienholder must give a receipt to the towing or storage
company indicating any loss or damage to the vessel or to the contents of the vessel.
(i) A defendant, in the court's discretion, may be required to serve all or any portion of a
term of imprisonment to which the defendant has been sentenced pursuant to this section
in a residential alcoholism treatment program or a residential drug abuse treatment
program. Any time spent in such a program must be credited by the court toward the term
of imprisonment.
For the purposes of this section, any conviction for a violation of s. 316.193, a previous
conviction for the violation of former s. 316.1931, former s. 860.01, or former s. 316.028, or a
previous conviction outside this state for driving under the influence, driving while intoxicated,
driving with an unlawful blood-alcohol level, driving with an unlawful breath-alcohol level, or
any other similar alcohol-related or drug-related traffic offense, is also considered a previous
conviction for violation of this section.
(7) A conviction under this section does not bar any civil suit for damages against the
person so convicted.
(8) A person who is arrested for a violation of this section may not be released from custody:
(a) Until the person is no longer under the influence of alcoholic beverages, any chemical
substance set forth in s. 877.111, or any substance controlled under chapter 893 and
affected to the extent that his or her normal faculties are impaired;
(b) Until the person's blood-alcohol level or breath-alcohol level is less than 0.05; or
(c) Until 8 hours have elapsed from the time the person was arrested.
(9) Notwithstanding any other provision of this section, for any person convicted of a violation
of subsection (1), in addition to the fines set forth in subsections (2) and (4), an additional fine
of $60 shall be assessed and collected in the same manner as the fines set forth in
subsections (2) and (4). All fines collected under this subsection shall be remitted by the clerk
of the court to the Department of Revenue for deposit into the Brain and Spinal Cord Injury
Rehabilitation Trust Fund and used for the purposes set forth in s. 381.79, after 5 percent is
deducted therefrom by the clerk of the court for administrative costs.
(10) It is the intent of the Legislature to encourage boaters to have a "designated driver" who
does not consume alcoholic beverages.
- Leacock, Talitha:
Drunk Driving in miami, FL
Drunk Driving in miami
If you have been arrested for drunk driving, you need a qualified and experienced attorney fighting for your rights to make sure your rights are protected.
Even more than that, you need someone with a thorough knowledge of the complexities of DUI law in the State of Florida to fight for you.
- Courtney, Eric:
In the state of Florida, a DUI conviction will stay on your driving record for 75 years. This is a risk that you simply do not want to take. If you have been drinking, hire a taxi cab or use a designated driver. However, everyone makes a mistake at one time or another, and if you are involved in a DUI arrest, a Miami DUI lawyer can help.
If you are facing DUI charges in the state of Florida, you need an experienced Miami DUI lawyer fighting on your side. Florida has extremely harsh DUI penalties that can result in fines, jail time, or the loss of your license. If you have had a drink and need to drive yourself home, you may be stopped and spend the night in prison regardless of whether you are legally intoxicated or not. If you must drive yourself home, remember these important tips:
* Do nothing to distract yourself while you are driving. Do not take calls on your phone, adjust the radio, or look for your cosmetics. Simply concentrate on driving to the best of your ability.
* If you are concerned that you may not pass a sobriety test, you have the right in Florida to refuse to take it.
* You also have the right to refuse a breathalyzer or urine test.
If you refuse to take a sobriety, breathalyzer, or urine test, it is entirely possible that you will end up spending the night in jail. However, if you have had anything to drink, the evidence that you give the prosecution by taking these tests will be used against you in court. Your Miami DUI lawyer may have a stronger case for your defense if you have not taken any of these tests.
If you are a first time offender, you may be able to avoid jail time and the loss of your driverŐs license by agreeing to undergo alcohol abuse counseling or have an ignition interlock device installed in your car. This device will prevent your car from starting if there is any alcohol in your blood. Because your Miami DUI lawyer will be experienced in communicating with the court, they will increase the likelihood that one of these options will be available to you. It is even possible that your Miami DUI lawyer will be able to have your case dismissed entirely, by challenging the accuracy of the breathalyzer test or whether the arresting officer had the legal right to stop you.
- Blecher, Jonathan:
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.
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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.
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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.
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Probation - s. 316.193 (5)(6), F.S.
First conviction, total period of probation and incarceration may not exceed 1 year.
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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.
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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.
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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.
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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).
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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.
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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).
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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.
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Commercial Motor Vehicles (CMV) ‰ŰŇ 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.
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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:
o 1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
o 2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
o 3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and
o 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).
o 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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