Many people go through their entire lives without having contact with a law enforcement officer or the criminal justice system. Sometimes a few decisions combined with a few random events results in an encounter with law enforcement that results in a DUI investigation. A DUI arrest will affect a person’s life in several ways.
When a person is arrested for DUI in Florida, two separate proceedings can be commenced against them. One proceeding is an Administrative action against their driving privilege, and the other is a Misdemeanor Criminal action in County Court:
b) If you submit to a breath test and you have two breath results at or over .08%, your driving privilege will be suspended immediately for six (6) months.
Either way, if this is your first offense (or no prior convictions), recent changes in Fla. Stat. §322.2615 have given you an important choice. You must choose one of two ways to deal with your pending Administrative Suspension:
2) If you wish to obtain a Hardship Reinstatement immediately, and you aren’t concerned with an entry associated with a DUI arrest on your driving record, you may file a “Waiver of Administrative Hearing” form with the local Bureau of Administrative Reviews with proof of enrollment in DUI School within ten (10) days of your arrest. At that time you can immediately sit for Hardship Reinstatement Hearing. You must also have proof of enrollment in a State Approved DUI school in order to sit for such a hearing. It is important to note that you may not receive a Hardship Reinstatement for an Administrative Suspension for Refusal of a Blood, Breath, or Urine test, if you have been previously suspended for refusal.
Individuals who have had a prior conviction for DUI (or prior suspension for Refusal) will only be able to avail themselves of the first option.
B. Criminal Proceedings – D.U.I. charges are brought in Felony and Misdemeanor courts throughout Florida. Although the decision as to what charges are brought against a person is made by the Office of the State Attorney, Fla. Stat. § 316.193 lays out specific guidelines for which charge is appropriate, and what minimum or maximum sentences are applicable in a given case.
b. DUI that is the proximate cause of a traffic crash resulting in a serious bodily injury.
c. Third offense DUI where any two prior convictions are within ten years of each other.
d. Fourth offense DUI.
2) An individual is charged with misdemeanor DUI under all other circumstances. Mandatory sentencing alters depending on the amount and spacing of priors.
ii. Twelve (12) Months probation (there will be a cost of supervision).
iii. Fifty (50) hours of community service.
iv. Level I DUI school (through a state approved DUI program/school with an evaluation and counseling if necessary).
v. Ten (10) day motor vehicle impoundment or immobilization.
vi. Six (6) month Driver License Revocation. (hardship restoration is available through the D.H.S.M.V. immediately if you complete DUI school. A reinstatement hearing and payment of fees is required).
…and if you have two tests at or over .150%…
vii. An extra Five Hundred Dollar ($500.00) fine.
viii. Six (6) month ignition interlock requirement on any reinstatement of your driving privilege (not a condition of probation).
Oh, and in case you didn’t have an excessive amount of insurance on the date of your arrest…
ix. The requirement of a FR – 44 insurance policy for three years after your reinstatement.
IT IS IMPORTANT TO NOTE: that despite belief to the contrary, amendments of DUI charges to Reckless Driving are not easy to obtain. State Attorney’s Offices throughout this state take DUI charges as serious matters, and their assistants will not consider an amendment to Reckless Driving unless the circumstances surrounding the case call for it. These circumstances may be based upon the unique facts of the case, or they may arise during the litigation of the DUI case in court. Since these circumstances aren’t easily apparent, the assistance of an experienced attorney is essential to bring them to light.
b. Second offense DUI has sentencing depending on when the prior conviction occurred and the result of any alcohol tests. If the second offense occurs more than five years prior to the prior offense the minimum sentence consists of:
ii. Twelve (12) Months probation.
iii. Level II DUI school.
iv. Thirty (30) day motor vehicle impoundment or immobilization.
v. Six (6) to twelve (12) month Driver License Revocation. (No hardship restoration).
vi. One (1) year ignition interlock requirement on any reinstatement of your driving privilege (not a condition of probation).
vii. Although it is not specifically in the statute, courts have exercised the discretion to require you to complete fifty (50) hours of community service in addition to this sentence.
…and if you have two tests over .150%…
viii. An additional One Thousand Dollar Fine.
ix. An additional One (1) year ignition interlock requirement (total of two (2) years).
…and if the second offense is within five years of a prior conviction…
x. A minimum mandatory term of imprisonment of ten (10) days in your local county jail.
xi. A five (5) year revocation if your driving privilege (no right to hardship restoration for at least one (1) year).
IT IS IMPORTANT TO NOTE: In some Florida counties, Judges and State Attorney’s take multiple DUI allegations so seriously that they will still demand a jail sentence from a Motorist, even if it is not required by law. You should check with attorneys in your respective counties for local policy and custom.
c. Third offense DUI not chargeable as a Felony carries a similar minimum sentence as a second offense DUI with a higher fine and interlock requirement.
NOTE: If the State Attorneys and Judges in your county ask for jail sentences on any second offense DUI, chances are that they will ask for jail sentences on any third offense DUI as well.
PLEASE ALSO NOTE: In some circumstances, a State Attorney’s Office may not charge motorist with a Felony even if the case falls within the criteria for a Felony charge. If you are only charged with a Misdemeanor DUI for a third offense within ten (10) years of a prior conviction, you should expect a mandatory minimum jail sentence of thirty (30) days and a mandatory minimum ten (10) year driver license revocation (possible hardship reinstatement after two years).