Jeremy J. Buckmaster

DUI

License Suspensions

If you were arrested for a DUI there are immediate consequences that can significantly affect your life. Typically, law enforcement will seize your license after you are arrested for a DUI. You only have ten (10) days from the date of your arrest to challenge an automatic suspension of your driving privileges. You can challenge the administrative suspension by applying for a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles. If you blew a .08 or higher on the breath machine, your driver's license is suspended for a period of 6 months. If you refused to provide a breath, blood or urine test, your driver's license was suspended for 12 months. If this is your second time refusing any such test your license is suspended for 18 months. However, you have an opportunity to get your driver's license back as if it was never suspended. This is done by winning the formal review hearing.

It is important to understand that the Florida Department of Highway Safety Motor Vehicles can still take away your right to drive even if the charges against you are later dismissed, or reduced in criminal court. It is vital you seek counsel to try and help you get your license back immediately or help you apply for a hardship license or temporary permit so you can continue to drive to work or school.

Again, please be on notice that you only have 10 days from the arrest date to file for your formal review hearing.

Insurance

If you are convicted of a DUI your insurance company receives notice of your conviction. Your company will most likely increase your rates, and possibly cancel your policy at the end of its term.

If your insurance is cancelled, you will not be able to lift the suspension on your license. You will need to find another insurer, and the cancellation will appear on your insurance claims history. The DUI conviction may hinder you from getting an insurance policy in the future.

Criminal Convictions

First Conviction

• Fines of $250 to $500. If you have a Blood Alcohol Level of .20 or higher, or were driving with a minor in the car, your fine will be anywhere from $500 to $1000.
• Community service. Mandatory 50 hours, or an additional fine equaling $10 per required hour.
• If your Blood Alcohol Level is .20 or higher, the court shall order the mandatory placement, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person for up to 6 months for the first offense
• Probation of no more than one year.
• Jail time of at least eight hours, but could last up to six months. For Blood Alcohol Level of .20 or higher, the sentence could last nine months.
• Vehicle impoundment for 10 days (not counted during your incarceration)
• Driver license revoked for a six month minimum

Second Conviction

• Fines of $500 to $1,000. For Blood Alcohol Level of .20 or higher, or a minor in the car, minimum $1,000 to $2,000.
• Jail time of not more than nine months. A Blood Alcohol of .20 or higher, or driving with a minor in the car, could be up to 12 months. If it's your second conviction in five years, a mandatory 10-day jail sentence will be required.
• For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license
• Vehicle impoundment (if a second conviction in five years) for 30 days.
• Driver license revoked for six months minimum. If it's your second conviction in five years, you'll lose your license for five years (but will be eligible to apply for a hardship license after one year).

Third Conviction or Subsequent Conviction

• If it's your third conviction and you have a prior DUI conviction within the last 10 years it becomes a felony and you will be fined $1,000 to $5,000.
• If it is your third conviction and you have a prior conviction in the last 10 years you could be facing up to 5 years in State prison,
• Any person who is convicted of a third DUI and has a prior DUI conviction more than 10 years old then it is a misdemeanor that carries a fine of not less than $1,000 to $2,500 and jail for a mandatory 30 days and not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license.
• Vehicle impoundment (third conviction in 10 years) for 90 days.
• Driver license revoked for a minimum five years. If it's your third conviction in 10 years, a minimum of 10 years revocation will apply.
  

Fourth or Subsequent Conviction

• Fines of $1,000 to $5000.
• Jail time of up to five years.
• Driver license revoked―mandatory permanent revocation. You won't ever be eligible for hardship reinstatement.

*These are just excerpts of Florida law, and are not meant as a complete resource. They are for informational purposes only. Please refer to the Florida Statutes for additional information and complete list of DUI penalties.