How much alcohol must I have consumed to be arrested for DUI (or drunk driving or DWI as the charge is sometimes called) in Florida?

In Florida, it is not a matter of how much alcohol you had to drink but how much alcohol is in your system at the time you are driving or in control of a vehicle. If your Blood Alcohol Concentration (BAC) is .08 or greater, you can be charged with driving under the influence of alcohol, or DUI. The BAC is measured by a breath test, which measures grams of alcohol per 210 liters of breath or a blood test, which measures grams of alcohol per 100 milliliters of blood. With either test, a reading of .8 or more mens your blood alcohol level is above the legal limit in Florida.

Do I have to submit to a breath, blood, or urine test if requested by a police officer? No. However, refusing such tests has serious ramifications. Florida law permits the motor vehicle department to suspend your privilege to drive. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of you consciousness of guilt.

By accepting the privilege extended by the laws of Florida to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, and to a urine test for the purposes of detecting the presence of drugs. This is referred to as implied consent. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test. Of course, this does not mean you are required to do it when stopped by a police officer.

Can I still be in trouble for driving, even if my BAC is below the legal limit?

Yes. In Florida, it is also unlawful to drive if your normal faculties are impaired. Normal faculties refer to a person’s ability to effectively see, hear, walk, talk, judge distances, drive an automobile, make judgments, react in emergencies, etc.

Do I actually have to be seen driving my car to be charged with DUI?

No. A DUI charge is most common after a police officer observes a person driving erratically and conducts a DUI investigation after a traffic stop. However, in Florida the only requirement is that a person is in "actual physical control" of the vehicle at the time of the DUI violation. For instance, if you are parked with the keys in the ignition, you may be considered in actual physical control of the vehicle and subject to an arrest for DUI.

I was arrested for DUI in Florida. Am I going to lose my driver’s license?

Upon an arrest for DUI in Florida, the police officer who arrests you will take possession of your driver’s license and give you a ticket, or citation, for the DUI. This citation is basically your temporary driver’s permit which allows you to continue driving only for the next ten days from the date of your arrest for DUI. At midnight on the tenth day following your DUI arrest, you may no longer use the DUI citation as a permit to drive. Within that ten day period, to attempt to challenge the suspension of your license and retain your driving privileges, you must request an administrative hearing with the Department of Motor Vehicles (DMV). If you do not request this hearing within ten days of your DUI arrest, your license will be suspended after those initial ten days following your arrest. If you do request the hearing, you may, but are not guaranteed to, have your driving privileges restored.

If my driver’s license is suspended, how long will the suspension last?

It depends on the facts of your case. For instance, if the police officer asked you to take a breath test (aka the Breathalyzer), blood test or urine test and you refused to submit to the test, your driver’s license will be suspended for one year if this is the first time you refused a breath, blood or urine test. If you have refused a breath, blood or urine test in the past once before and this is your second refusal, your driver’s license will be suspended for 18 months. If you take the breath, blood or urine test requested by the officer and the alcohol content in your system is found to be above the legal limit, which currently is .08, your driver’s license may be suspended for six months to one year for a first DUI conviction.

If I plead guilty or get convicted of DUI, is this a misdemeanor or a felony crime?

Whether a DUI conviction is a misdemeanor or felony depends on the facts of your case and your history. For a first DUI conviction, it will be considered a misdemeanor. For the most part, a second DUI is also considered a misdemeanor. However, if you have two or more DUI convictions on your criminal record within the past ten years, a third DUI conviction is considered a felony. If you get a third DUI conviction more than ten years after your last DUI conviction, that third DUI conviction will be a misdemeanor. A fourth (or more) conviction for DUI is considered a felony regardless of when the previous DUI conviction too place.

Additionally, if you commit the crime of DUI and cause significant damage to someone’s property or cause an injury or death to another person, the resulting DUI charge will likely be a serious felony.

Will I face any fines if I am convicted of DUI?

Yes, but the amount will depend on your past convictions for DUI, if any, and the facts of your case. The amount of the fines can range from $500 up to $5,000 or more.

Will a conviction for DUI affect my auto insurance rates?

Most likely. The insurance industry sets their auto insurance rates for each person based on their evaluation of the risk level that person presents. In other words, if the insurance company determines that a person is more likely to be involved in an accident that will require the insurance company to pay a claim, that person’s rates will be higher. The insurance industry weights many factors to determine a driver’s level of risk. A conviction for DUI is a factor that weighs heavily in the calculation of someone’s risk level.

I was arrested for DUI in Florida. Will I have to serve time in jail?

If you are convicted of DUI, a sentence that includes jail time is possible, and it depends on the facts of your case and your criminal history, if any. Obviously, the more serious the violation and the worse the criminal history, the more likely it is a person will face jail time. Having one or more prior DUI convictions and/or driving under the influence and causing damage or injury are factors that could lead to significant jail time.

I was recently arrested for DUI in Jacksonville, Florida (or the Northeast Florida area). What should I do now?

If you have been arrested for DUI, it is important to contact a law firm whose lawyers are experienced in handling these cases, and it is important that you do that within ten days of the arrest so efforts can be taken to maintain your driving privileges. If you have any questions regarding a DUI arrest, we invite you to contact us at (904) 642-3332 or online so that we can discuss your defense.

How do I reinstate my license after a conviction for Driving Under the Influence (DUI)?

1. 1st DUI Conviction- A first DUI comes with a 180 day to 1 year license revocation that starts on the date of a conviction. Before the end of that revocation period, you may apply for what is called a hardship license in the county where you live. You must complete DUI school and treatment, if it is referred. Then, you may apply for the hardship license in any Administrative Reviews Office in your county.

If you wait until after the license revocation period is over to reinstate your license, you must show proof of completion of the DUI school and treatment, if referred, or proof that you enrolled in DUI school. If you do not complete DUI school within 90 days after the date of reinstatement your driver’s license will be canceled by the department until the DUI course is completed. If you fail to complete ordered treatment, this may result in your driver’s license being canceled.

In order to reinstate a hardship license or a full license, you must take the required examination and pay a $115 administrative fee a $60 reinstatement fee and any license fee required. You must also had proof that you have auto liability insurance.

2. 2nd DUI Conviction- If the second DUI conviction is more than 5 years from the first DUI conviction, a second DUI conviction will result in a 180 day to 1 year license revocation. You will not be permitted to reinstate your driver’s license early for hardship. You must serve the entire license revocation period before requesting driver’s license reinstatement.

If the second DUI conviction is within 5 years of the first DUI conviction, the second DUI conviction will result in a five year license revocation. You may apply for a hardship license at the Administrative Reviews Office after serving the first year of the license revocation. You must complete DUI school and any treatment required. You must also have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If you get the approval to reinstate your driver’s license early for hardship reasons, you must notify the driver’s license office. You will also be required to stay in the Special Supervision Services Program for the rest of the revocation period to keep your hardship license.

If you wait until after the license revocation period is over to reinstate your license, you must show proof of completion of the DUI school and treatment, if referred, or proof that you enrolled in DUI school. If you do not complete DUI school within 90 days after the date of reinstatement your driver’s license will be canceled by the department until the DUI course is completed. If you fail to complete ordered treatment, this may result in your driver’s license being canceled.

In order to reinstate a hardship license or a full license, you must take the required examination and pay a $115 administrative fee a $60 reinstatement fee and any license fee required. You must also had proof that you have auto liability insurance.

3. 3rd DUI Conviction- If the third DUI conviction is more than 10 years from the previous DUI convictions, it will result in a 180 day to 1 year license revocation, unless the last 2 of the convictions fall within 5 years in which case a five-year revocation will apply. You are not eligible for a hardship license during the revocation period.

If the third DUI is within a 10-year period, it will result in a 10 year revocation. After two years of this revocation period, you may be eligible to apply for a hardship license in the Administrative Reviews Office in the county where you live. You must complete DUI school and any treatment required. You must also get a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If you get that approval for early reinstatement of your license due to hardship, you must present this approval to the driver’s license office. You must also remain in the Special Supervision Services Program through the end of the revocation period to keep your hardship driver’s license.

If you wait until after the license revocation period is over to reinstate your license, you must show proof of completion of the DUI school and treatment, if referred, or proof that you enrolled in DUI school. If you do not complete DUI school within 90 days after the date of reinstatement your driver’s license will be canceled by the department until the DUI course is completed. If you fail to complete ordered treatment, this may result in your driver’s license being canceled.

In order to reinstate a hardship license or a full license, you must take the required examination and pay a $115 administrative fee a $60 reinstatement fee and any license fee required. You must also had proof that you have auto liability insurance.

4. 4th (or more) DUI Conviction- Upon a fourth (or more) DUI conviction, your license will be permanently revoked. You will not be entitled to drive pursuant to a hardship driver’s license.

5. DUI Manslaughter (single conviction)- A single DUI manslaughter conviction results in a permanent revocation of your driver’s license. However, after five years, you may be eligible to apply for a hardship driver’s license in the Administrative Reviews Office in your county of residence. To do so, you must complete DUI school and any required treatment and get a favorable recommendation from the Special Supervision Services Program. If you get this approval for reinstatement of a hardship license, you must provide this approval to the driver’s license office, pay a $115 administrative fee, a $60 reinstatement fee and any applicable license fee. You must also show proof of liability insurance on the date of arrest or proof of current liability insurance coverage and pay a $15 reinstatement fee. You must also remain in the Special Supervision Services Program through the end of the revocation period to keep your hardship driver’s license.

6. DUI Manslaughter along with prior a DUI conviction- Your driver’s license will be permanently revoked. You will not be entitled to drive pursuant to a hardship driver’s license.

My driver’s license was suspended because I refused to blow when the police officer asked me to submit to the breath tes (or I refused a urine test). How do I get my driver’s license reinstated?

Starting with the day of your arrest for DUI, your driver’s license will be suspended for one year for the first DUI offense and 18 months for any more DUI offenses if you refuse a breathylizer or urine test. You will be given a 10 day permit to drive on the date of arrest. When that driving permit expires in ten days, you have to serve a 90 day driving suspension period before you are eligible to apply for driver’s license due to hardship if this is your first such license suspension. If you have refused to submit to a breath or urine test two or more times, you are not eligibl for a hardship driver’s license.

To be eligible for the hardship driver’s license, you must show proof that you have enrolled in a DUI school to the Administrative Reviews Office. If you get the approval to reinstate your license early due to a hardship, you must provide this approval to the driver’s license office . If you do not complete the DUI school within 90 days after reinstatement of your license, your license will then be canceled until the course is completed. You must also complete any required treatment or your license will again be canceled.

If you wait until after the license revocation period is over to reinstate your license, you must show proof of completion of the DUI school and treatment, if referred, or proof that you enrolled in DUI school. If you do not complete DUI school within 90 days after the date of reinstatement your driver’s license will be canceled by the department until the DUI course is completed. If you fail to complete ordered treatment, this may result in your driver’s license being canceled.

In order to reinstate a hardship license or a full license, you must take the required examination and pay a $115 administrative fee a $60 reinstatement fee and any license fee required. You must also had proof that you have auto liability insurance.�