South Florida DUI Laws and Regulations
The more you know about your rights and what kind of punishment you could get the less you are to get into a bad situation. For those of you who live near Miami, I found the laws listed here.
After being arrested once and going through the court systems I will never drink and drive again. Besides the dangers that are obvious, these laws should be enough to persuade anyone from getting behind the wheel even after a couple drinks.
But if you are arrested, these are your rights. I think they are pretty up to date.
License suspension is a very real potential consequence of a DUI drunk driving arrest in South Florida. The law stipulates a number of ways a driver can lose their driving privilege due to their actions or inaction, but the most common way is probably refusing to take a roadside sobriety test.
If you refuse to take a roadside sobriety test and are found guilty of driving under the influence, you face a license suspension of at least one year, and second or subsequent refusals merit an 18 month suspension.
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.
A. First Conviction: Minimum 180 days revocation, maximum 1 year.
B. 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.
C. 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.
D. Fourth Conviction, Regardless of When Prior Convictions Occurred and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years or after a prison term of at least 5 years, whichever is later.
F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.
There are few of us that can go through life without needing to drive on an almost daily basis. Losing this privilege can be devastating, and severely handicap an individual’s lifestyle. Furthermore, commercial drivers that are convicted of drunk driving in South Florida risk losing their ability to drive their vehicle; potentially losing their main source of income.
Penalties for DUI
The state of Florida has some of the stiffest DUI penalties in the nation. The law reads:
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, regardless of the manner in which the offense is proven.
Florida mandates a number of penalties for driving under the influence, each of which is modified by any number of circumstances such as prior convictions, circumstances such as vehicular homicide, leaving the scene, or being underage.
DUI penalties in Florida range from fines, suspension/revocation, and jail time, to loss of vehicle, probation, and community service.
Fine Schedule s. 316.193(2)(a)-(b), F.S.
* First Conviction: 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.
Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
* Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
* Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
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.
* Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
* Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.