Florida Drivers Handbook |
2.3. Driving While Impaired
Penalties for DUI (including previous DWI and DUBAL convictions)
| FIRST CONVICTION |
| |
| Fine |
$250-$500 with BAL
.08 or higher or minor in the vehicle, not less than
$500 or more than $1000 |
| |
|
| Community Service |
50 hours |
| |
|
| Probation |
Not more than 1 year |
| |
|
| Imprisonment |
Not more than 6 months; with
BAL .20 or higher or minor in the vehicle, not more
than 9 months |
| |
|
| License Revocation |
Minimum 180 days |
| |
|
| DUI School |
12 hours |
| |
|
DUI School
Requirement |
Evaluation conducted to determine
need for treatment |
| |
|
Ignition Interlock
Device |
Up to 6 months |
| |
|
| |
|
| SECOND OFFENSE / CONVICTION |
| |
|
| Fine |
$500-$1000 with BAL .08 or higher or minor in the
vehicle, not less than $1000 or more than $2000 |
| |
|
| Imprisonment |
Not more than 9 months; 2nd conviction within 5 years,
10 days in jail, 48 hours of confinement must be consecutive |
| |
|
| License Revocation |
Minimum 180 days; 2nd offense within 5 years after
first conviction; 5 year revocation |
| |
|
| DUI School |
21 hours |
| |
|
DUI School
Requirement |
Evaluation conducted to determine need for treatment |
| |
|
Ignition Interlock
Device |
Minimum of 1 year |
| |
|
| |
|
| THIRD OFFENSE / CONVICTION |
| |
|
| Fine |
$1000-$2500 with BAL .08 or higher or minor in the
vehicle, not less than $2000 or more than $5000 |
| |
|
| Imprisonment |
Not more than 12 months; 3rd conviction within 10
years in jail, mandatory 30 days in jail; 48 hours must
be consecutive |
| |
|
| |
|
| License Revocation |
Minimum 180 days; 3rd offense within 10 years after
second conviction; 10 year revocation |
| |
|
| DUI School |
21 hours |
| |
|
DUI School
Requirement |
Evaluation conducted to determine need for treatment |
| |
|
Ignition Interlock
Device |
Minimum of 2 years |
| |
|
| |
|
| FOURTH OR MORE CONVICTION |
| |
|
| Fine |
Not less than $1000 |
| |
|
| Imprisonment |
Not more than 5 years |
| |
|
| License Revocation |
Permanent revocation |
Drinking and Driving
If you drink alcohol, even a little, your chances
of being in a crash is much greater than if you did not
drink any alcohol.
No one can drink alcohol and drive safely, even if you have
been driving for many years. Young drivers are more affected
by alcohol because their bodies are still in the growth
process and their livers have not developed to the extent
that they can efficiently process the alcohol in their blood
stream.
Because drinking alcohol and then driving is so dangerous,
the penalties are very tough. People who drive after drinking
risk heavy fines, higher insurance rates, loss of license
and even jail sentences. A DUI conviction will remain on
your driving record for 75 years.
The Dangers of Drinking and Driving
Alcohol reduces all of the important skills necessary to
drive safely, such as judgment, reaction, vision and concentration.
Alcohol is absorbed into the lining of the stomach and then
passes directly into the bloodstream and reaches your brain
within minutes after consumption. Alcohol affects those
areas of your brain that control judgment and skill and
is one reason why drinking alcohol is so dangerous; it affects
your judgment. A person's judgment is the first
thing affected after drinking an alcoholic beverage.
Good judgment is important to driving but in this case,
judgment helps you to know when to stop drinking. Alcohol
puts good judgment on hold. You do not know when you have
had too much to drink until it is too late. It is a little
like a sunburn, by the time you feel it, it is already too
late.
Alcohol slows your reflexes and reaction time, reduces your
ability to see clearly and makes you less alert. As the
amount of alcohol in your body increases, your judgment
worsens and your skills decrease. You will have trouble
judging distances, speeds and the movement of other vehicles.
You will also have trouble controlling your vehicle.
If You Drink, Do Not Drive!
The best advice is, if you drink alcohol, do not drive.
Even one drink of alcohol can affect your driving. With
two or more drinks in your bloodstream you are impaired
and could be arrested.
It takes about an hour for your body to get rid of each
drink. Time is the only thing that will sober you up.
There are ways of dealing with social situations. Arrange
to go with two or more persons and agree which one of you
will not drink alcohol. You can rotate among the group being
a "designated driver." You can use public transportation
or a cab, if available.
Implied Consent Law
You will be asked to take a blood test, a urine test, or
a breath test if an officer thinks that you are under the
influence of alcohol or drugs while driving. By law, if
you drive in Florida, you have agreed by signing your driver
license to take these tests if asked. If you refuse to take
the tests when asked, your license will automatically be
suspended for one year. A second refusal will result in
an 18 month suspension and is a second degree misdemeanor.
In DUI cases involving death or serious
injury, you will be required to take the blood test without
your consent. The blood must be drawn by a doctor, nurse
or other health professional.
If you are unconscious and cannot refuse
the blood test, blood may be drawn. The results of the test
may be used as evidence, even if you object after becoming
conscious.
Other Drugs and Driving
Besides alcohol, there are many other drugs that can affect
a person's ability to drive safely. These drugs can have
effects like those of alcohol, or even worse. This is true
of many prescription drugs and even many of the drugs you
can buy without a prescription. Drugs taken for headaches,
colds, hay fever or other allergies or those to calm nerves
can make a person drowsy and affect their driving. Pep pills,
"uppers" and diet pills can cause a person to
be nervous, dizzy, and unable to concentrate and can affect
his or her vision. Other prescription drugs can affect your
reflexes, judgment, vision and alertness in ways similar
to alcohol.
If you are driving, check the label before you take a drug
for warnings about its effects. If you are not sure it is
safe to take the drug and drive, ask your doctor or pharmacist
about any side effects.
Never drink alcohol while you are taking other drugs. These
drugs could multiply the effects of alcohol or have additional
effects of their own. These effects not only reduce your
ability to be a safe driver but could cause serious health
problems, even death.
Illegal and some legal drugs may affect
your ability to be a safe driver. For example, studies have
shown that people who use marijuana make more mistakes,
have more trouble adjusting to glare, and get arrested for
traffic violations more than other drivers.
Emotions
Emotions can have an effect on driving safely.
You may not be able to drive well if you are overly worried,
excited, afraid, angry or depressed.
