DUI Laws in Florida

SUMMARY OF FLORIDA DRIVING UNDER THE INFLUENCES STATUTES

Prohibited Vehicular Activity:

"…driving or in actual physical control"{note}Fla. Stat. § 316.193(1){/note}

Vehicles or Devices:

"of a vehicle"{note}Fla. Stat. § 316.193(1); Fla. Stat. § 327.35(1){/note} or "of a vessel within this State"{note}Fla. Stat. § 316.193(1)(b{/note}

Covered Locations:

"within this State"{note} Fla. Stat. § 316.193(1){/note}

Under the Influence Offenses:

"under the influence of alcoholic beverages or any chemical substance … when affected to the extent that the person's normal faculties are impaired"{note} Fla. Stat. § 316.193(1)(a){/note}

"The person has a blood?alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood"{note} Fla. Stat. § 316.193(1)(b){/note}

"The person has a breath?alcohol level of 0.08 or more grams of alcohol per 210 liters of breath"{note}Fla. Stat. § 316.193(1)(c){/note}

If commercial motor vehicle, "a blood alcohol level of .04 percentage or greater"{note}Fla. Stat § 322.61{/note}

Other Criminal Offenses Involving Under the Influence Offenses:

A person commits the second degree felony of DUI Manslaughter if he causes the death of another person by driving a motor vehicle under the influence{note}Fla. Stat. §316.193(3){/note}

A person commits the third degree felony of assault in the first degree if while driving under the influence he causes serious bodily injury to the person of another with a motor vehicle{note}Fla. Stat. § 316.193(c)(3)(2) {/note}

Degree of Impairment Required:

Under the influence of alcohol/any substance to the extent that the person's normal faculties are impaired.{note}Fla. Stat. § 316.193(1)(a){/note}

Penalties for Driving Under the Influence Offenses:

For first conviction: Jail sentence of not more than six months; Fine of $500-$1,000; 6 month license suspension; DUI School; 50 hours community service; vehicle immobilization for 10 days{note}Fla. Stat. § 316.193(2)(a){/note}

For second conviction (within a five year period): Jail sentence of not less than 10 days and not more than nine months; Fine of $1,000-$2,000; 1 year license suspension; DUI School; 1 year ignition interlock device; 5 years license revocation; vehicle immobilization for 30 days{note}Fla. Stat. §§ 316.193(2)(a)(1)(b), 316.193(2)(a)(2)(b), 316.193(2)(a)(3) {/note}

For third conviction: (within a 10-years from another DUI conviction) Third Degree Felony; Jail sentence of not less than 30 days and not more than five years; Fine of no more than $5,000; 10 year license revocation; DUI School; minimum 2 year ignition interlock device; vehicle immobilization for 90 days{note}Fla. Stat. § 316.193(2)(a)(1)(b){/note}

For fourth conviction (and greater): Third Degree Felony; fine not less than $1,000; Jail sentence of not less than 30 days and not more than five years; Fine of no more than $5,000; 10 year license revocation; DUI School; minimum 2 year ignition interlock device; vehicle immobilization for 90 days; Permanent license revocation{note}Fla. Stat. § 316.193(2)(a)(1)(b)(3){/note}

Penalties for Other Criminal Offenses Involving Under the Influence Offenses:

DUI Manslaughter: Second Degree Felony; Prison not to exceed 15 years; Fines not to exceed $10,000; Mandatory permanent license revocation{note}Fla. Stat. § 316.193(3){/note}

DUI Serious Bodily Injury: Third Degree Felony; Prison not to exceed five years; fines up to $5,000{note}Fla. Stat. § 316.193(3) {/note}

Statutory Drunk Driving Presumptions:

If 0.05 percent or less BAC, it shall be presumed that the person was not under the influence of alcohol{note} Fla. Stat. § 316.1934(2)(a){/note}

If excess of 0.05 percent but less than 0.08 percent BAC, no presumption that the person was or was not under the influence of alcohol{note}Fla. Stat. § 316.1934(2)(b){/note}

If 0.08 percent or more BAC, it shall be presumed that the person was under the influence of alcohol{note}Fla. Stat. § 316.1934(2)(c){/note}

Implied Consent Laws:

Tests permitted: Blood, breath or urine – one or more samples as directed by law enforcement{note}Fla. Stat. § 316.1932(1)(a); Fla. Stat. § 316.1932(1)(b); Fla. Stat. § 316.1932(2){/note}. Blood may be tested only in two circumstances: (1) Section 316.1932(1)(c) provides that a person who is lawfully arrested for DUI is "deemed to have consented" to the withdrawal of a blood sample "if such person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible," and (2) Section 316.1933(1) provides that a law enforcement officer is authorized to demand a blood withdrawal from any person who is lawfully arrested for DUI if there is probable cause to believe that the person "has caused the death or serious bodily injury of a human being." In all other circumstances, police are restricted to a request for breath or urine samples. Penalties for refusal: 1 year license suspension for first refusal; if determined to be second or subsequent refusal in five year period, 18 month license suspension{note}Fla. Stat. § 316.1932(1)(a){/note}

Admissibility of refusal: Admissible

Chemical Test Laws:

"The Alcohol Testing Program within the Department of Law Enforcement is responsible for the regulation of the operation, inspection, and registration of breath test instruments utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. The program is responsible for the regulation of the individuals who operate, inspect, and instruct on the breath test instruments utilized in the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. The program is further responsible for the regulation of blood analysts who conduct blood testing to be utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327"{note}Fla. Stat. § 316.1932(1)(a)(2){/note}

Blood-Drawing Statute:

When a person submits to a blood test, only a physician or registered nurse (or other qualified person) may withdraw blood for the purpose of determining the alcohol content.{note}Fla. Stat. § 316.1933(1)(c){/note}

As noted above, blood may be tested only in two circumstances:

(1) (Section 316.1932(1)(c) provides that a person who is lawfully arrested for DUI is "deemed to have consented" to the withdrawal of a blood sample "if such person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible," and

(2) Section 316.1933(1) provides that a law enforcement officer is authorized to demand a blood withdrawal from any person who is lawfully arrested for DUI if there is probable cause to believe that the person "has caused the death or serious bodily injury of a human being."

In all other circumstances, police are restricted to a request for breath or urine samples.

Independent Test Statute:

The person testing may at his expense have a physician, or a qualified technician, registered nurse or other qualified person of his own choosing administer a blood draw in addition to any administered at the discretion of a law enforcement officer. The failure of inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.{note}Fla. Stat. § 316.1933(1)(f)(3){/note}

Suspension of Driver's License for Alcohol Related Offenses Statutes

Periods of Suspensions:

First Conviction: 180 days to 1 year{note}Fla. Stat. § 322.28(2)(a)(1){/note}

Second conviction within 5 years of prior conviction: not less than 5 years{note}Fla. Stat. § 322.28(2)(a)(2){/note}

Third conviction within 10 years of prior conviction: not less than 10 years {note}Fla. Stat. § 322.28(2)(a)(3){/note}

Fourth Conviction in a lifetime: permanent revocation Fla. Stat. § 322.26(1)(a) Administrative Review: Any person who has received a notice of suspension or notice of intended suspension may request for the information to be reviewed formally or informally by the Department of Highway Safety and Motor Vehicles or one of its agents to determine if the evidence of the suspension is sufficient.Fla. Stat. § 322.2615(6)(a) & (b)

Administrative Hearings: Any person who has received a notice of intended suspension may request a hearing on the matter within 10 days of receipt of that notice. The hearing will be conducted by the Department of Highway Safety and Motor Vehicles or one of its agents.{note}Fla. Stat. § 322.2615(6)(a) & (b){/note} Within 30 days of the issuance of the hearing results, a person aggrieved by the determination of the hearing shall have the right to file a petition in the circuit court for judicial review.{note}Fla. Stat. § 322.2615(6)(a) & (b){/note}

Effective July 1, 2013, first offenders may waive their administrative hearing and may qualify for an immediate "Business Purpose Only" license without any period of "hard-time" suspension. A person who demands a hearing but does not prevail at the hearing is subject to

(a) for breath test in excess of .08: A six month suspension with a 30-day "hard-time" suspension, wherein no driving is permitted.

(b) for a refusal: A twelve month suspension with a 90-day "hard-time" suspension, wherein no driving is permitted.

Outside of the "hard-time" suspensions above, drivers may obtain a restricted "Business Purposes Only" license.

Sources:

Florida Driving Under the Influence Administrative Suspensions –http://www.flhsmv.gov/gov/ddl/dlfagson2a.html#dui

Florida License Points and Point Suspensions – http://www.flhsmv.gov/ddl/fagpoints.html

Florida Clerks of Court Phone and Fax Numbers and Websites –http://dlis.dos.state.fl.us/fgils/coclerks.html

Florida Drivers License Check https://www.6.hsmv.state.fl.us/DLCheck/main.jsp

Florida Department of Law Enforcement Criminal History Information:http://www.fdle.state.fl.us/content/getdoc/2952da22-ba08-4dfc-9e45-2d7932a803ea/Obtaining-Criminal-History-Information.aspx

Florida Department of Motor Vehicles DUI and Administrative Suspension FAQ –http://www.flhsmv.gov/ddl/dlfaqson2a.html#dui 1/12