Driving under the influence (DUI) in Florida is a serious offense with significant legal repercussions. For a first DUI offense, the penalties can include fines, probation, community service, mandatory attendance at a DUI school and even imprisonment. Administrative penalties, such as license suspension, also affect your driving privileges. As with many areas of law, the circumstances surrounding a violation or crime have a bearing on DUI penalties.
Conditions for keeping or quickly regaining your license
In some cases, individuals may be able to keep or quickly regain their Florida driver's license after a DUI offense through certain avenues:
- Hardship license: After a DUI arrest, your license may be suspended. However, you can apply for a hardship license, which allows you to drive for work, educational or medical purposes. To be eligible, you must enroll in a DUI education program and attend a hearing.
- Administrative hearing: Requesting a formal or informal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within ten days of your arrest can challenge the suspension. If successful, your license might be reinstated.
- Compliance with DUI programs: Completing required programs and fulfilling any probationary requirements can demonstrate responsibility, potentially aiding in license reinstatement.
- Ignition interlock device: This is essentially a Breathalyzer attached to the vehicle. The owner must pay for its installation, upkeep and removal. It is often one of the conditions for a hardship license.
Conditions that lead to license loss
There are scenarios where a driver may lose their license due to DUI charges or convictions:
- Refusal to submit to testing: Refusing a breathalyzer or blood test results in an automatic license suspension under Florida's implied consent laws, typically for one year on a first offense.
- Blood alcohol content (BAC): A BAC of 0.08% is the legal limit, and higher levels can lead to steeper penalties, including longer suspension periods. Commercial drivers with a BAC level of 0.04% or higher can be charged with DUI. Drivers under 21 with any level of BAC can be charged with DUI.
- Failure to complete DUI programs: Non-compliance with mandated DUI education or treatment programs can result in extended suspension periods.
The attorney’s role in this process
An experienced DUI attorney can be invaluable in navigating the legal system and advocating for driving privileges. They can question the validity of the traffic stop, testing procedures and the evidence against you, potentially leading to reduced charges or dismissal. A lawyer can also negotiate plea bargains (perhaps arguing that it is a first DUI offense), which may result in lesser penalties. Of course, a DUI attorney can represent clients at court proceedings, which can improve the chances of retaining or regaining your license. They also can advocate for their clients at Department of Highway Safety and Motor Vehicles hearings for reinstatement.