What happens when you get a DUI in Florida?

Driving Under the Influence is against the law in all 50 states. It’s no secret that alcohol can dramatically impair your judgment and slow your reaction time when you’re operating any motorized vehicle. In fact, some states have even outlawed riding a bicycle while you’re currently inebriated.

If you live in Florida and you like to have a drink or two while you’re spending time with your colleagues or your buddies, you need to familiarize yourself with the state’s DUI laws.

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It’s best that you brush up on drinking and driving laws before making a mistake and you have to deal with some heavy penalties. If you’d like to know when you’ll be arrested for driving drunk and what happens after your arrest, here’s what you need to know:

DUI Laws in Florida

Under Florida DUI laws, it’s against the law to drive any motor vehicle, regardless of the size, while you’re impaired. If a law enforcement officer stops you and they believe that you are impaired, you can be cited and arrested on site.

To prove impairment officers will either conduct a Field Sobriety Test or they will ask you to blow into a breathalyzer. You are not guilty of DUI until you have been convicted of the offense in court.

– Blood Alcohol Concentrations by Age and License Class

A law enforcement officer only has to prove that you were driving while impaired in one of two acceptable ways. The most popular way to prove that someone has ingested more alcohol than what’s allowed is by testing the driver’s breath.

Blood Alcohol Content is defined as the percentage of your blood that is concentrated with alcohol.

While every state except for Utah says that you’re legally driving under the influence when your BAC is over .08, there are different BAC limits based on your age, and they type of license that you hold. Here’s a breakdown of the BAC level limits for each group in Florida:

• Drivers over 21 may not drive with a BAC of .08 or higher
• Drivers under 21 may not drive with a BAC of .02 or higher
• Drivers with a commercial license may not drive with a BAC of .04 or higher

– The Zero Tolerance Law

Like many states, Florida has a Zero Tolerance Law in place for all drivers who are under the legal drinking age of 21.

This means that any driver who is stopped and blows a BAC of .02 or higher will have their license suspended for a mandatory period of six months. The court doesn’t have to be convicted of the offense for the suspension to take effect.

– Commercial Drivers and DUI

You are held to a higher stand than most drivers who you possess a commercial license.

Since you need a commercial license to work, it can affect your life if you’re guilty of driving with a BAC of .04 or higher. Once convicted, your commercial license will be suspended for a minimum of one year.

– Open Container Laws in Florida

Florida does have an Open Container Law in place. It is illegal for bottles and cans of alcohol to be open and available for consumption inside of a moving vehicle.

If a passenger is in possession of an open container, they can be issued a non-criminal traffic violation. Designated drivers can also be cited for open containers when a passenger breaks the law.

– Breathalyzer Test Requirements

If you live in Florida and you have a driver’s license, you may not be required to take a breathalyzer test when asked to do so by law enforcement officers but choosing not to can cause you issues.

As long as the officer has probable cause to believe that you are impaired, you can be arrested for drunk driving. This generally happens upon refusal to take a breathalyzer test.

After arrested, you are required by law to take a chemical test to determine your BAC. This is part of the state’s implied consent law. This helps the agency support their case when charging you in the court of law by pinpointing what your BAC was at the time you were taken into custody.

DUI Penalties

The state of Florida takes the offense of driving under the influence very seriously. Since impaired driving is the leading cause of auto-related fatalities, it’s no surprise that the penalties can be stiff when you keep repeating your mistakes. Here are the

Here are the consequences of DUI convictions:

• First conviction – A fine between $500 and $2000 (depending on BAC), mandatory community service, probation, imprisonment of up to 6 months
• Second conviction – A fine between $1000 and $4000 (depending on BAC) jail time of up to 12 months
• Third conviction – A fine between $2000 and $5000 (depending on how many years have passed) and jail time of up to 12 months
• Fourth conviction – A fine of $2000 or more and jail time of up to 5 years

The Points System

Florida has a points system in place to determine which drivers might be too risky to be on the road. Every time you’re convicted of a traffic violation, points are added to your license. You’ll lose your license if you accumulate:

• 12 points in 12 months will result in a 30-day suspension
• 18 points in 18 months will result in 3-month suspension
• 24 points in 36 months will result in one-year suspension

License Suspensions

Every violation has a different point value. You can check the Points Value Table to add up the points that are currently on your record. You are not assigned points for a DUI because there is already a mandatory suspension period in place.

In Florida, your license will be suspended for an automatic administrative period of six months when you’re arrested for DUI.

Individuals who refuse to take the breathalyzer test may even have to serve a suspension period of one year. Habitual offenders may have their licenses revoked.

– Reinstating Your License

If you have a suspended license, you have to wait out the suspension period before you can pay the $75 reinstatement fee. You will also have to take a mandatory DUI course and provide proof of SR-22 insurance. This requirement must be satisfied for a period of at least three years.

When your license is revoked, you must pay civil penalties and get permission from the state before you can apply for a license again.

You will have to serve a mandatory revocation period before your request will be considered. You can request a Hardship License by requesting an administrative review one year after your license is revoked.

DUI Precautions

Some states are taking extra precautions by requiring offenders to install devices in their cars that could help prevent DUI’s in the future. They help to deter people and make them think twice before drinking and driving.

Two familiar precautions in Florida are:

• Ignition Interlock Devices – A device attached to the ignition that prevents the car from starting if the person blows higher than the device’s pre-programmed BAC level
• Alcohol Safety Action Program – An in-person DUI course that educates offenders and helps to reduce repeat offenses in a non-confrontational manner

Insuring a DUI Offender

After your license has been suspended for a DUI conviction, you’ll have to reassess your auto insurance needs. If you’ve had a Hardship License and you haven’t informed your agent of your DUI, now is the time to update your policy.

Whether or not you’ll be eligible for insurance through your carrier at your renewal depends on its underwriting guidelines.

All drivers with a DUI on their record in the last seven to ten years are classified as high-risk operators who must buy SR-22 insurance. This makes finding insurance a bit more difficult. The best that you can do is look for discounts and shop around.

If you maintain a good record after your DUI, you will see your rates decline over the years.

It can be intimidating to shop the insurance market for insurance once you’ve been convicted of such a serious offense. If you would rather compare rates online, you can easily get instant quotes for insurance online. Disclose your offense and see how much the biggest carriers will charge you.

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