| The social implications of drinking and driving are | | | | severely penalized the first convictions. The court |
| not to be taken lightly, this explains why the legal | | | | requires a person convicted with a second DUI to |
| penalties for someone caught driving while | | | | pay a fine of not less than $1,000 and not more |
| intoxicated are severe. In Florida, penalties for DUI | | | | than $2,000. The court may also oblige the |
| (driving under the influence) are different based | | | | convict to serve not more than nine months in an |
| on whether the offense was committed for the | | | | alcohol rehabilitation center or a drug abuse |
| first time, the amount of alcohol found in the | | | | treatment facility. If the second DUI is committed |
| blood, and the driver's willingness to cooperate | | | | within five years after the first conviction, jail |
| with the police. | | | | time of not less than 10 days is mandatory, 48 |
| Suspension Of Your License | | | | hours of which should be served consecutively. |
| If you refuse to take an alcohol test, whether it | | | | The court also has the power to revoke the |
| is a breathalyzer, blood, or urine test, the | | | | offender's license for a minimum of five years, |
| Department of Highway Motor Vehicles (DMV) | | | | provided the second conviction took place within |
| may impose upon you a suspension of your | | | | five years after the first conviction. A hardship |
| license for a certain period of time. For a driver | | | | license or business purposes may be given after |
| who refuses to take the test for the first time, | | | | one year of serving the revocation. |
| the DMV may suspend his license for six months, | | | | Jail Time |
| while a driver who refuses for the second time | | | | Florida law imposes more severe penalties for |
| and the succeeding instances is deferred of his | | | | persons who have been convicted for the third |
| license for as long as 18 months. If your license | | | | time. Imprisonment, which is equivalent to time |
| has been suspended for the first time because of | | | | spent in an alcohol rehabilitation center or a drug |
| a refusal to take the test, you can apply for a | | | | abuse treatment facility, is up to 12 months. Up to |
| hardship license or a business purposes license, | | | | 30 days of mandatory jail time is also required, |
| which expires after 42 days, after 90 days of | | | | with 48 consecutive hours in jail mandatory. If the |
| hard (no driving) suspension. It is during this period | | | | third conviction took place 10 years after the |
| that your DUI attorney can gather all evidence to | | | | second conviction, a fine of not less than $2,000 |
| prove that the police lacked probable cause to | | | | or more than $4,000 is levied. License revocation |
| arrest you for DUI. | | | | may take up to 10 years and the offender may |
| If you have taken one of the alcohol tests and | | | | only start applying for a hardship license or |
| your blood alcohol content is more than 0.08, the | | | | business purposes license two years after serving |
| DMV will suspend your driving license immediately | | | | the suspension. |
| after 10 days during your arrest. This applies to all | | | | Ignition Interlock Device |
| drunk driving offenders, whether it is their first | | | | The court has the power to order the installation |
| time to be arrested for DUI or not. License | | | | of an ignition interlock device into the offender's |
| suspension lasts for up to six months. After 30 | | | | vehicle upon the reinstatement of his driver's |
| days or approximately one month of hard | | | | license. This period varies based on the situation. |
| suspension, where the driver is prohibited from | | | | For a first conviction, ignition interlock is required |
| driving, you can apply for a hardship license or | | | | for up to six months, at least one year for the |
| business purposes license to plead the DMV to | | | | second conviction, and at least two years for the |
| allow you to drive for business purposes for up to | | | | third conviction. Mostly, ignition interlock is imposed |
| 42 days, provided you show proof that you have | | | | when the driver's BAC is 0.20 or more or when |
| attended DUI school during the period of hard | | | | he was found to have been driving with a minor |
| suspension. | | | | inside the vehicle. Ignition interlock requires the |
| Alcohol Rehabilitation | | | | driver to breathe into the device for the vehicle |
| Apart from administrative suspensions imposed | | | | to start and five minutes into the ride. Every 30 |
| by the DMV, a person who is convicted of DUI | | | | minutes, the device beeps, signaling the driver to |
| also suffers from statutory penalties that are | | | | breathe into the device again. The data that is |
| enforced by the court. A first conviction leads to | | | | collected by the device is recorded and sent to |
| imprisonment of not more than six months. | | | | the DMV headquarters in Florida. The offender is |
| Imprisonment is not commonly spent in jail, but in | | | | responsible for shouldering the expenses of |
| an alcohol rehabilitation center or drug abuse | | | | installing, maintaining, and monitoring the ignition |
| treatment facility. A fine of $500 to $1,000 is also | | | | interlock device. |
| levied and a license revocation (separate from the | | | | Florida law exercises zero tolerance for minors, or |
| administrative suspension that begins 10 days | | | | persons under the age of 21, who have been |
| after the arrest) of six months to one year. If | | | | caught driving with a blood-alcohol-content of 0.02. |
| the vehicle is a commercial motor vehicle (CMV) | | | | Administrative suspension of driver's license is |
| and the driver was tested to have a | | | | effective immediately after arrest, with the first |
| blood-alcohol-concentration of 0.04, he is | | | | offense requiring six months of suspension, the |
| disqualified from driving a CMV for one year. | | | | second and subsequent offenses up to one year. |
| Persons convicted of DUI are also required to | | | | If a minor refuses to take an alcohol test, |
| serve a mandatory 50 hours of community | | | | suspension of license lasts up to one year and 18 |
| service or pay $10 for each hour of community | | | | months for the second refusal. If the minor was |
| service. Probation of up to one year is also | | | | tested with a BAC of 0.05, his license is only |
| necessary. For persons who are tested to have | | | | returned only after he has completed DUI training |
| BAC of 0.15 or higher and those who committed | | | | school. This violation is not considered a criminal |
| DUI with a minor inside the vehicle, enhanced | | | | offense, nor is being detained considered an |
| penalties are executed. | | | | arrest. |
| Second convictions are, understandably, more | | | | |