Florida DUI Laws

Florida DUI Information: Driving with an unlawful alcohol level (DUBAL) – (.08)

Immediate License Suspension

According to Florida DUI law, your license will be suspended as of the arrest date for 6 months for the first offense and one year for any other offense of DUBAL. You will be given a 10-day permit on the date of the arrest. Once the permit has expired, then 30 days of the suspension must be served before the driver is eligible to apply for a hardship license. You will be eligible for a hardship license on the first and any consecutive suspension, unless you have been convicted of a DUI in Florida two or more times. Under the Florida DUI law, you must provide proof of enrollment in a driving under the influence school to the Administrative Reviews Office for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $35 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

DUI Test Refusals

If you refuse to submit to a breath/urine test, Florida DUI law requires that your license be suspended as of the arrest date for one year for the first offense and 18 months for any consecutive offenses. You will be given a 10-day permit on the date of arrest and when the permit expires must serve 90 days of the suspension before the driver is eligible to apply for a hardship license on the first suspension. No hardship license is permitted if you have refused to submit two or more times. You must provide proof of enrollment in a DUI School to the Administrative Reviews Office for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $35 reinstatement fee and any license fee required. Under Florida DUI law, proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

Penalties for a DUI in Florida

1st DUI – 180 day to 1 year revocation effective on conviction date. Before expiration of the revocation period, you may apply for a hardship license in the county where you live. DUI School completion and treatment, if referred, is required. You then can apply for a hardship license in any Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) where you live. If you wait to reinstate your license until your revocation period ends, proof of enrollment or completion of DUI School and treatment, if referred, is required. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required

2nd DUI conviction in more than 5 years will result in a 180 day to 1 year revocation. You cannot reinstate early for hardship. The full revocation period must be served before requesting driver license reinstatement. The second DUI conviction within a five-year period will result in a five-year revocation. You may apply for a hardship license at the Administrative Reviews Office after serving one year from effective date of revocation. DUI School, and treatment, if referred, must be completed and you must have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license. If you wait to reinstate until after your revocation period ends, proof of enrollment or completion of DUI School, and treatment, if referred, is required. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

Ignition Interlock Device

Florida DUI laws require an ignition interlock devices to be installed on the vehicles of certain persons convicted of DUI in FL. The ignition interlock program affects those arrested and convicted of DUI after July 1, 2002, upon eligibility of reinstatement for a permanent or restricted driver license. The ignition interlock device is also required when a driver convicted of DUI in FL apply for a restricted license for work or business purposes. Two ignition interlock vendors (see other side) were selected by the department. If the person is otherwise eligible, a driver license will be issued with a restriction indicating 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: $70 for installation $67.50 for monthly monitoring and calibration $100 refundable deposit or a $5 monthly insurance charge

Driving Under the Influence Of Drugs

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 $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.

Community Service First Conviction:

* Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

FL DUI Probation: First conviction:

* Total period of probation and incarceration may not exceed 1 year.

Imprisonment:

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.

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 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.

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 $1,000 fine or 1-year imprisonment).
FL 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 $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.
Driver License Revocation Periods for DUI:

1. First Conviction: Minimum 180 days revocation, maximum 1 year.
2. 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.
3. 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.
4. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

Commercial Motor Vehicles (CMV) Alcohol-Related Convictions or Disqualifications:

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. 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.

DUI Consequences

An alcohol-related car accident and subsequent drunk-driving conviction will affect you personally, emotionally, financially, and legally in many negative ways. Among the possible consequences are jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your driver’s license, attorneys fees, probation, vehicle impoundment, and others.

A criminal-defense lawyer can advise you about, and help you fight to protect, your legal rights if you are arrested for or charged with drunk driving.

If you, or someone you know, has been charged with drunk driving (DUI), you want a Florida defense attorney who has experience defending people charged with a DUI. Look for a lawyer who knows the system, prosecutors, and arresting officers, someone who has experience before the presiding judges.

With knowledge of driver’s previous driving record, DUI history, and facts about the most recent charge, an experienced Florida DUI attorney will be able to quickly do the following:

• Analyze your case;
• Advise you of the range of possible penalties;
• Inform you of the sitting judge’s tendencies based upon experience in analogous case; and
• Advise you of your legal options.

William W. Blue is an attorney in Perry, FL who has experience defending clients in criminal courts in Florida’s Second and Third Judicial Circuits, and defending clients charged with DUIs in Taylor County, Florida.

Scam alert

Scam alert: cons are calling people, advising them that the homeowner’s router alerted the caller [insert phony agency name here] that the homeowner’s computer has a virus, Trojan or other security risk and then advises the homeowner on how to enable remote desktop (so the con can access your computer).

East Volusia News – “How much would you pay for public records?”

PORT ORANGE — If a city employee works more than 15 minutes to provide a public record, some cities add a charge above the 15 cents per page copying rate.

Other cities add a charge after 30 minutes.

* * *

Florida’s Sunshine Law requires open access to government records, as well as open meetings. However, some fees are allowed for public records.

“Basically, the law allows agencies to charge an extensive-use fee when the nature of the request requires extensive work by a clerical person,” said Adria Harper, director of the First Amendment Foundation, a Tallahassee-based Sunshine Law watchdog group.

Local governments that want to enact an extensive-use charge must base the fee on the actual cost to produce the record.

“They can’t be generating revenue with public records requests,” Harper said.

* * * *

East Volusia News – newsjournalonline.com.

Here’s what the Florida Legislature did over the past two months : State News : TCPalm

DNA database

Proposed by Snyder, requires those arrested for certain felony offenses to provide DNA samples.

via Here’s what the Florida Legislature did over the past two months : State News : TCPalm.

Here’s what the Florida Legislature did over the past two months : State News : TCPalm

Seat belts

Florida is now poised to join a majority of other states that give police the power to stop motorists solely for failing to buckle up. Seat-belt tickets would be $30, with most of the money going into state coffers. Also, passing the law will make Florida eligible for a one-time, $35.5 million payment from the federal government.

via Here’s what the Florida Legislature did over the past two months : State News : TCPalm.

Coral Springs getting set for Facebook debut after state gives its OK — South Florida Sun-Sentinel.com

Local governments’ adoption and use of new technologies is refreshing and commendable, but there will be growing pains in many areas, including the Florida’s Sunshine and Public Records laws.

CORAL SPRINGS – There are still some technicalities to work out, but after a nod from the Florida Attorney General's Office, the city plans to debut on Facebook within months.

snip

“It might wind up being the best way for us to communicate regularly, easily and efficiently,” he said.

While Coral Springs isn’t the first city to have a Facebook page (Tamarac and Pompano Beach already beat them to it), it is the first city to ask the state for a legal opinion about the social networking tool, said Sandi Copes, communications director for the attorney general.

The city still must work out how to retain copies of Web pages for public inspection, to comply with the state’s open records law, said City Attorney Sam Goren. “It has to be retained in the computer system,” he said.

The question is how to make the Facebook page comply with state law, said City Manager Michael Levinson. “And to what extent. That’s what we’re looking at now.”

The rest is easy: The state said commissioners can’t talk to each other on Facebook since that would violate the Sunshine Law requirement that politicians discuss city business in the open. And comments posted to the city’s page by its “friends” will be public, too.

Florida’s public records and Sunshine laws safeguard the public’s right of access to government records and proceedings. Memos and e-mails, for example, are public records that must be disclosed to residents upon request.

via Coral Springs getting set for Facebook debut after state gives its OK — South Florida Sun-Sentinel.com.

Markham cleared in diploma scandal > Lake City Reporter > Archives > News >

You don’t often hear of ethics complaints being filed against school personnel, but that is precisely what happened in this case. Although this particular case was not dismissed on the grounds that school personnel are not liable under Chapter 112 of the Florida Statutes, or that issuing false diplomas isn’t actionable, but because the case was brought apparently against the wrong person.

The Florida Commission of Ethics said this week that it does not believe that former school superintendent Grady “Sam” Markham misused his position in the issuance of three fraudulent diplomas in 2007 and dismissed the complaint against him.

via Lake City Reporter > Archives > News > Markham cleared in diploma scandal.

Ethics complaint against judge stemming from ‘06 campaign dropped — South Florida Sun-Sentinel.com

Sometimes election activities can lead to complaints in other arenas, such as the Judicial Qualifications Commission.

A 3-year-old ethics complaint against Judge Terri-Ann Miller was dropped late last week by the Judicial Qualifications Commission, the group that investigates claims of unethical conduct against judges.

Miller was accused of misleading voters into thinking she was a sitting judge when she ran for election in 2006. The complaint said Miller distributed campaign materials implying she was the incumbent when she was not. Her campaign material also included a photo of her wearing a judicial robe, according to the complaint.

Miller was a judge for eight years in Miami-Dade County but did not seek re-election there in 2000.

Six years later, she was in private practice when she ran successfully for election to the Broward bench. At the time, Miller said she used yard signs left over from her 2000 campaign. She said she put small stickers saying “former” before the word “judge” on the signs.

Ethics complaint against judge stemming from ‘06 campaign dropped — South Florida Sun-Sentinel.com.

Three Juveniles Arrested by Lakeland Police for Bomb Threats | theledger.com | The Ledger | Lakeland, FL

All three suspects were charged with False Report of a Bomb Threat, a 3rd degree felony, and Disruption of School Function, a 2nd degree misdemeanor.

via Three Juveniles Arrested by Lakeland Police for Bomb Threats | theledger.com | The Ledger | Lakeland, FL.