What to Do When Charged With a DUI in Florida
School, and treatment, if referred, is required.
At the time of reinstatement, whether for a hardship license or a full license, you are required to take the specified examination, pay a 5 administrative fee, a reinstatement fee and any additional license fees required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a reinstatement fee will be required.
Installation of an Ignition Interlock Device
Florida DUI statues require an ignition interlock device to be installed on the vehicles of certain persons convicted of DUI in Florida. The ignition interlock program affects those arrested and convicted of DUI after July 1, 2002. This is applicable upon eligibility of reinstatement for a permanent or restricted driver’s license. The ignition interlock device is also required when a driver convicted of DUI in Florida applies for a restricted license for work or business purposes. Two ignition interlock vendors were selected by the State of Florida.
If the person is otherwise eligible, a driver’s license will be issued with a restriction indicating that the interlock device is required. The required time period for interlock officially begins on the day the “P” interlock restriction is issued.
Costs to the Defendant
The cost (plus tax) to the convicted person for an ignition interlock device is:
for installation .50 for monthly monitoring and calibration 0 refundable deposit Or a monthly insurance charge will be assessed. ________________________________________Driving Under the Influence Of Drugs in the State of Florida
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 according to Florida DUI laws, regardless of the manner in which the offense is proven.
Fine Schedule For A DUI In Florida
First Conviction for a DUI in Florida:
Not less than 0, or more than 0. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than 0, or more than ,000.
Second Conviction for a DUI in Florida:
Not less than 0, or more than ,000. With BAL of .20 or higher or minor in the vehicle: Not less than ,000, or more than ,000.
Community Service First Conviction:
Mandatory 50 hours of community service or additional fine of for each hour of community service required.
Florida DUI Probation and First conviction
Total period of probation and incarceration may not exceed 1 year.
Imprisonment:
At the court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward the 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 the second conviction happens within 5 years, mandatory imprisonment of at least 10 days will follow. At least 48 hours of confinement must be consecutive.
Impoundment or Immobilization
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.
Conditions for Release of Persons Arrested for DUI in Florida
The person is no longer under the influence 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.
Misdemeanor Conviction of DUI in Florida
Accident Involving Property Damage or Personal Injury:
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 ,000 fine or 1-year imprisonment).
Florida DUI Felony Conviction
Repeat Offenders or Accidents Involving Serious Bodily Injury:
Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than ,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 ,000 fine