Florida

floridaFlorida DUI Laws

Florida has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
Florida Division of Motor Vehicles (DMV)
Florida is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.

You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 11th day for 6 months, although first time offenders can request a work permit after 30 days. After the suspension period, you will be required to get an ignition interlock device, if your BAC is above .15, even if it is your first offense.

Remember that this is a separate case than the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures
In Florida, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .15% or higher, even if it is a first offense.

License Revocation, Fines and Jail

  • First Offense – Misdemeanor: $500 to $1,000 fine, up to 6 months in jail, 180 days to 1 year license revocation (restricted hardship employment/business license may be available after completing DUI program), no requirement unless enhanced penalty, monthly probation reporting for a period not to exceed 1 year, mandatory 50 hours community service or pay $10 fine for every hour given if certain circumstances apply, mandatory attendance at DUI school/program, substance abuse education, evaluation and treatment as required, possible vehicle impound/immobilization of vehicle for a period of 10 days. If BAC 0.15 and higher OR Minor under 18 in vehicle: $1,000 to $2,000 fine, up to 9 months in jail, not less than 6 months ignition interlock restriction upon license reinstatement.
  • Second Offense – Misdemeanor: $1,000 to $2,000 fine, up to 9 months in jail, 5 year license revocation if within five years of first DUI (may be eligible for hardship reinstatement after 1 year) [if previous conviction more than 5 years ago same revocation period as for first offense], at least 1 year ignition interlock restriction upon license re-instatement, monthly probation reporting for a period not to exceed 1 year, mandatory attendance at DUI school/program, substance abuse education, evaluation and treatment as required. Possible vehicle impound/immobilization for 30 days. If BAC 0.15 and higher OR Minor under 18 in vehicle: $2,000 to $4,000 fine, up to 12 months in jail, not less than 2 years ignition interlock restriction upon license reinstatement.
  • Third offense – Felony (if within 10 years): $2,000 to $5,000 fine (not less than $4,000 fine if BAC above 0.15% or minor under 18 years old in vehicle), 30 days to 12 months in jail (up to 5 years if previous DUI’s within 10 years), 10 years license revocation if previous DUI’s were within 10 years (may be eligible for hardship reinstatement after 2 years), at least 2 years ignition interlock restriction upon license re-instatement, monthly probation reporting for a period not to exceed 1 year, mandatory attendance at DUI school/program, substance abuse education, evaluation and treatment as required. Possible vehicle impound/immobilization for 90 days.
  • Fourth Offense – Third Degree Felony: $2,000 to $5,000 (not less than $4,000 fine if BAC above 0.15% or minor under 18 years old in vehicle), up to 5 years in jail, permanent revocation of license (may request re-instatement after a period of 10 years), mandatory attendance at DUI school/program, substance abuse education, evaluation and treatment as required, possible vehicle impound/immobilization for 90 days.

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