Florida DUI Information
The Florida DUI Information is currently not sponsored. If you would like to learn about sponsorship contact us.
Florida has the third most DUI arrests after California and Texas. According to the FBI, there were 55,804
Florida DUI arrests in 2004. Of these almost 500 of the DUI arrests were under the age of 18.
If you have recently been arrested for driving under the influence in Florida, we recommend you seek the counsel of a qualified DUI attorney in your local area. Information on the Internet is no substitute for professional legal representation.
An Florida DUI (driving under the influence), Florida DWI (driving while intoxicated), or other alcohol related offense triggers two seperate actions: one in court (a criminal DUI action), and one at the Division of Motor Vehicles (an admi9nistrative DUI action).
For an Florida DUI, defendants have 10 days from the date of arrest to request a hearing from the Florida department of public safety and motor vehicles.
You should contact a local attorney to confirm the procedures required to notify the DPSMV or your intention to challenge the suspension. Always keep some sort of proof relating to the request (return receipt, certified mail).
It is important for anyone charged wiuth a DUI in Florida to contact a local attorney to confirm procedures to notify the DPSMV and to assess their particular case in light of current law. Many DUI attorneys will provide a free initial consultation.
Florida DUI Criminal Action Penalties
First DUI Offense (Blood Alcohol Concentration .08 to .20)::
- Jail- 50 hours of community service is required (or the fine may be increased by $10/hour not worked. Further, not more than 6 months may be ordered in custody, which may be served in a residential treatment facility.
- Fines- A fine of not less than $250.00 nor more than $500.
- School- A DUI program must be attended and completed before a hardship license may be issued.
- Vehicle Impoundment for 10 days (Unless the vehicle is the sole manner of transportation for the family)
Additional Consequences:
Mandatory license suspension for not less than one-hundred eighty (180) days after which a license reinstatement fee must be paid. The court ordered suspension is independent of any action taken by the DPSMV. However, any action by the DPSMV may run concurrent with the court suspension.
Florida DUI Enhancements
Enhancements are additional facts that a Judge or Prosecutor may consider in charging the case or sentencing. In many states these factors may include speed, high blood alcohol concentrations, whether there were children in the car, commercial driver, under 21 driver, chemical test refusal or prior convictions for DWI, DUI, OWI. Any offense with a BAC above .20 or with a minor in the vehicles has a significant increased penalty. (A minimum fine of $500.00 and a maximum jail sentence of 9 months for a first offense). A third offense within ten (10) years can be charged as a felony, which has a penalty of a fine not to exceed $5000.00 and a jail sentence not to exceed five (5) years
Refusal
For first offense refusal, penalty is mandatory one year license suspension, additional penalties may occur in court. A second or subsequent offense will result in an 18 month revocation.
Elevated Blood Alcohol Concentration
The State of Florida has enhanced penalties for individuals with blood alcohol concentrations above .20. A first offense carries a minimum fine of $500.00 and a maximum jail sentence of 9 months.
Prior Conviction
Additional penalties apply for second offenses have a minimum jail sentence of 10 days and a minimum fine of $500. Any offense exceeding a first offense has penalties including ignition interlock device requirement and vehicle impound or forfeiture.
DUI Administrative Action:
PLEASE BE AWARE- YOU HAVE 10 DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING FROM THE FLORIDA DEPARTMENT OF PUBLIC SAFETY AND MOTOR VEHICLES. You should contact a local attorney to confirm the procedures required to notify the FDPSMV or your intention to challenge the suspension. Always keep some sort of proof relating to the request (return receipt, certified mail).
The action taken by the Motor Vehicle Division will be based upon the conviction, a first offender will be suspended for 180 days, after 30 days of suspension or completing the DUI school a hardship license is available. A second offender will be suspended from 180 days to 5 years and a third offender will be revoked from 180 days to 10 years. A fourth offense carries a lifetime suspension (regardless of whether it is charged as a misdemeanor or felony). Contact an attorney to discuss the process required for reinstatement and the availability of a provisional license in your particular situation.
Resources:
|
DUI Information
top 5 states
other states
DUI Resources
|
