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What are the Penalties for a First Time DUI Offender in the State of Florida?

A DUI arrest can be on of the most unnerving times in someones life. A DUI arrest in the State of Florida can have life-long consequences and should be treated with the utmost attention.

According to Florida DMV, there were 55,722 DUI tickets  issued in Florida in 2011. Out of 55,722 DUI tickets issued, 33,625 resulted in a DUI conviction. A DUI conviction may result in jail time, loss of your Florida driver’s license, fines, mandatory classes and  insurance rates increases.

Florida Penalties for DUI First Conviction

  • Fine – $250 to $500
  • Community Service – 50 Hours
  • Probation – Not more than 1 Year
  • Imprisonment – Not more than 6 Months
  • Imprisonment with BAL of .08 or higher with a minor in the vehicle, not more than 9 months
  • License Revocation – Minimum of 180 days
  • DUI School – 12 Hours

The penalites for a first time DUI offender are severe.

If you are arrested for a DUI, call Skubiak & Rivas P.A. at 407-894-4449 for a free consultation.

4 Reasons Why Your Florida Drivers License Can Be Suspended

Driving is a privilege and can be taken away from you for several reasons. Most people may not realize or be aware of a license suspension until you are pulled over. If you are caught driving without a valid license, your car can be towed and you may be taken immediately to jail.

Top Reasons Why You May Have Your Drivers License Suspended

1. Child Support Payments

If you are behind on child support payments, your license can be suspended. We can help your child support delinquency to reinstate your license.

2. DUI

A DMV can suspend your drivers license due to a pending DUI charge or a DUI conviction.

3. Habitual Traffic Offender (HTO)

If you are convicted of any three of the following crimes within a five year period, you may face a five-year driver’s license revocation in the State of Florida as a Habitual Traffic Offender:

  • Manslaughter resulting from the operation of a motor vehicle
  • Driving while under the influence of alcohol
  • Commission of any felony in which a motor vehicle is used
  • Driving while license suspended or revoked
  • Failing to stop and render aid leaving the scene of an accident resulting in death or personal injury.
  • If you receive 15 moving infraction convictions within 5 years you are considered a habitual traffic offender

4.Traffic Fines

If you do not may your traffic fines or tickets, your license may be suspended.

Our team of Traffic Attorneys can attempt to resolve any of these issues. Please call us at 407-894-4449.

What to expect after you are arrested for DUI in the state of Florida

DUI is strongly frowned upon not only by the common public, but also by every car insurance company in America. Those who simply state that a DUI is unacceptable for any reason whatsoever often fail to realize that Florida’s .08 alcohol limit can quickly be exceeded if you have consumed a single beer, or a glass of wine less than half an hour prior to being pulled over if you don’t weigh enough. Most people don’t think about what happens once you’ve been arrested for DUI until it has already happened; and many don’t realize just how beneficial hiring an Orlando attorney who specializes in DUI cases can truly be. The hefty fines and jail time that can come from being arrested in Florida for DUI can severely harm your professional and personal reputation if you are convicted of the charges.

First, it is important to understand that a DUI charge is much different than a speeding ticket, and that a typical traffic ticket attorney is not going to be enough to help convince the judge that you should be given another chance. The reason for this is that a traffic ticket lawyer may not fully understand exactly what penalties you are facing as a first time DUI offender. So exactly how bad can the penalties be for a first time DUI in Florida?

If you are by yourself, or only have other adults in the car with you at the time of arrest, then you are only looking at a maximum jail term of 6 months. I know, you’re probably thinking “only 6 months, that’s a long time!” Well, if you happen to have someone under the age of 18 in the car with you, that jumps to up to 9 months in jail, and that’s only the tip of the iceberg or consequences.

Besides potential jail time, you are also going to face fines. If convicted, you will be fined no less than $500 and no more than $1000. It is important to also remember that these fines do not include court costs, which in some areas can be up to $150 per offense. So, if you were charged with DUI, happened to be missing your license or registration on you, and didn’t have your seat-belt on at the time, you may be tacking on a few hundred more dollars to your fine totals. As if all this wasn’t bad enough, the list of consequences continues.

Unless the car that you were driving is your family’s only means of transportation the car can be impounded for up to 10 days. Once the 10 days has passed then you will be required to pay an additional fine in order to remove it from impound. The catch here is that you aren’t going to be able to drive it away from impound anyway, as your license will be suspended for 6 months following conviction. The other major problem that you are going to be facing is that you are going to need your car in order to complete all of the work that you are going to have.

See, another consequence to your first DUI is that you are going to have to complete 50 hours of community service, or pay an additional $500 to opt out of the community service. It’s also important to note that as a first time DUI offender, you will have to complete DUI School as well, which of course isn’t free, and may cost upwards of $300. All of these possible fines can quickly cost you thousands of dollars, jail time, your job, and also result in public ridicule and personal costs for years to come.

It is important, however, to remember that all of these consequences result only after a conviction. There are many people who are in place to help you avoid that conviction in the first place, starting with a good DUI attorney. Orlando can be a wonderful place to drive once again for you by taking the time to ensure that you find a qualified Orlando attorney.

Call Skubiak & Rivas P.A. for a Free Consultation at 407-894-4449.

Need a Volusia Ticket Attorney?

Contact Skubiak & Rivas, P.A  our Volusia ticket attorneys have been representing traffic defense in Volusia County since 1992.

Skubiak & Rivas, P.A. specializes in:

  • Volusia Ticket Attorney for Speeding
  • DUI
  • Traffic Defense in Volusia Accidents
  • CDL suspensions
  • Suspended or Revoked License
  • Racing on the Highway

Our practice area page contains a full list of services for traffic defense in Volusia County. Learn how an experienced Volusia ticket attorney can help you today!

Se Habla Español!

Skubiak & Rivas, P.A. provides experienced traffic defense for Volusia County tickets holders. With years of experience fighting traffic infractions, we can provide qualified Volusia ticket attorney for your traffic defense in Volusia County. Contact us today (407) 894-4449.

We offer traffic defense in Volusia County with Spanish speaking Volusia ticket attorney to defend your traffic violation. If you need a Volusia ticket attorney, we can provide a bilingual lawyer for your traffic defense in Volusia County. Our Volusia ticket attorney will work with you to prepare your traffic defense in Volusia County.

What is the difference between Orlando DUI and DWI?

Orlando DUI DWI Attorneys

DUI is Driving Under the Influence

DWI is Driving While Intoxicated

We handle thousands of cases a year and we understand the emotions you can be experiencing. Whether you or a family member was charged with a DUI in Orlando or a DWI in Orlando we are here to help.

Skubiak & Rivas, P.A. has tried thousands of DUI DWI cases throughout Central Florida including Daytona, Sanford, Lakeland, Tampa, Orlando and everything in between. We try cases in all of the Central Florida counties and we will be able to handle your Orlando DUI case, so call us today.

Do you have an Orlando DUI case against you?

We will immediately learn all about the Orlando DUI case against you. Remember you only have 10 days to make a choice about an Orlando DUI attorney. We offer free consultations. This allows you the opportunity to ask your Orlando DUI attorney questions and find out what your options are. This is an important decision and we are confident in our Orlando DUI DWI attorney track record.

Do you just want to move on with your life? Let us help. We will file all of your Orlando DUI paperwork to the courts. We will recommend a course of action based on the details of your Orlando DUI case. Our goal is to reduce your personal involvement in order for you not to miss additional days of work.

What can Skubiak & Rivas, P.A. do to help you with your Orlando DUI DWI plea?

  • Expedite the process
  • Make certain you get a fair deal
  • Help you get a hardship License promptly (get you back on the road)
  • Pursue having the Orlando DUI case dropped against you

Contact the Orlando DUI Attorneys today.

Florida DUI Laws and Florida DUI Penalties

Orlando DUI Lawyers ◦ Central Florida’s Traffic Defense Law Firm

Below are the laws associated with getting a DUI in Florida. It’s important you know the penalties associated with getting a DUI in Florida. Skubiak and Rivas, P.A. can help you navigate these incredibly complicated laws. It seems as if laws are getting stricter and more completed each year.

Skubiak and Rivas, P.A. has over 30 years combined experience.

FLORIDA DUI LAWS AND FLORIDA DUI PENALTIES

  • Driving Under the Influence
  • Fine Schedule
  • Community Service
  • Probation
  • Imprisonment
  • Impoundment or Immobilization of Vehicle
  • Conditions of Release of Persons Arrested for DUI
  • DUI Misdemeanor Conviction
  • DUI Felony Conviction
  • Manslaughter and Vehicular Homicide
  • Driver License Revocation Periods for DUI
  • Commercial Motor Vehicles (CMV) / Alcohol-Related Convictions
  • Business Purposes Only/Employment Purposes Only Reinstatements
  • DUI School Requirements
  • Chemical or Physical Test Provisions
  • Adjudication and Sentencing
  • Driving While License Suspended or Revoked
  • Administrative Suspension of Persons Under the Age of 21
  • Administrative Suspension Law
  • Administrative Disqualification Law
  • Review Hearings for Administrative Suspension and Disqualification

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

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Fine Schedule s. 316.193(2)(a)-(b), F.S.

  • First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
  • Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
  • Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
  • Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
  • Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

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Community Service – s. 316.193 (6)(a),F.S.

First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

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Probation – s. 316.193 (5)(6), F.S.

First conviction, total period of probation and incarceration may not exceed 1 year.

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Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

At court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

  • First Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.
  • Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
  • Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
  • Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statuettes, as habitual/violent offender.

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Impoundment of Immobilization of Vehicle – s. 316.193 (6), F.S.

Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

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Conditions for Release of Persons Arrested for DUI-s. 316.193 (9), F.S.

  • The person is no longer under the influence and;
  • The person’s normal faculties are no longer impaired
  • The person’s blood/breath alcohol level is lower than 0.05; or
  • Eight hours have elapsed from the time the person was arrested.

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DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.

Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).

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DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.

  • Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).
  • Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.

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Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

  • DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
  • DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
  • Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
  • Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

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Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.

A. First Conviction: Minimum 180 days revocation, maximum 1 year.

B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as “A” above.

C. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as “A” above; one conviction more than 10 years prior and one within 5 years, same as “B” above.

D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as “B-D” above.

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Commercial Motor Vehicles (CMV) – Alcohol-Related Convictions/Disqualifications-s. 322.61, F.S.

  • Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. This is in addition to any provisions of s. 316.193 for DUI convictions.
  • Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle.
  • There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.

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Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.

  • First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .20 or higher, or for two years if BAL is greater than .20.
  • Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03.
  • Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .20.
  • Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement.  Mandatory ignition interlock device for two years.
  • DUI Manslaughter With No Prior DUI Related Conviction:(Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met:
    1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
    2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
    3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and
    4. Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).
    5. Ignition interlock device required for two years.
  • Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.

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DUI School Requirements – s. 316.193 F.S., s. 322.271, F.S., s. 322.291, F.S.

  • First Conviction: Must complete DUI school before hardship reinstatement. Customers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If customer enrolls and is reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed.
  • Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Customer must complete DUI school following conviction. See requirements in 13C and 13D respectively.
  • DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): Must complete DUI school before hardship reinstatement.
  • Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide: (Minimum 3 year Revocation): See 13F
  • Customers Who Wait Until Revocation Period Expires: Must enroll in DUI school and pass the driver license examinations to be re-licensed. Failure to complete the school within 90 days after such reinstatement will result in cancellation of the license until the school is completed.
  • Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school if ordered by the court.
  • Treatment: Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.

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Chemical or Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S

  • Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal is a misdemeanor of the first degree.
  • Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months.
  • Commercial Driver License Disqualification Periods: First refusal in a commercial motor vehicle, disqualified for 1 year. Second or subsequent refusals in a commercial motor vehicle, disqualified permanently. No hardship reinstatement permitted.
  • Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.
  • Unconscious: Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle.
  • Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S., for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S.

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Adjudication and Sentencing – s. 316.656, F.S., s. 322.2615 F.S.

Penalty to be Imposed by Court: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant’s blood alcohol was .20 or greater.

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Driving While License Suspended or Revoked- s. 322.34, F.S.

Any person whose driver license/privilege is suspended for Driving with an Unlawful Alcohol Level, or revoked for DUI, DUI Manslaughter or Vehicular Homicide, or for any other offense ordered by the court and who causes death or serious bodily injury to another person by operating a motor vehicle in a careless or negligent manner is guilty of a 3rd degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both.

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Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above

Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.

  • First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months.
  • Second or Subsequent Suspensions 1 year.
  • First Suspension for Refusal to Submit to Breath Test: 1 year.
  • Second or Subsequent Suspensions for Refusal: 18 months.
  • The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible.

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Administrative Suspension Law – s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.

  • First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months.
  • Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year.
  • First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.
  • Second or Subsequent Suspensions for Refusal: 18 months.
  • The suspension is effective immediately The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.

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Administrative Disqualification Law

  • First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 6 months disqualification
  • Second or Subsequent Disqualification of Driving a Commercial Motor Vehicle With an Unlawful Alcohol Level (.04 or above): 1-year disqualification.
  • First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification.
  • Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.
  • The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.

Review Hearings For Administrative Suspensions And Disqualifications

Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of Highway Safety and Motor Vehicles upon the request of the driver to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decisions of the department shall not be considered in any trial for a violation of s. 316.193, F.S., nor shall any written statement submitted by a person in his request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification.

Business or Employment Reinstatement:

1. Suspension for Driving With an Unlawful Alcohol Level of .08 or above or Refusal: Must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.

2. Suspension – Persons Under Age of 21 Driving With a Breath Alcohol Level of .02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement.  .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.

Hardship License Prohibited:

1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.

2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.

Practice Areas — Florida DUI / Drunk Driving

Florida DUI Lawyers ◦ Florida DUI Attorneys

Find the Florida DUI law firm you need

Need a Florida DUI Attorney to fight your charges?

If you have been cited for drunk driving, you could end up losing your license or even going to jail if you don’t fight the charges. You need to hire an experienced Florida DUI law firm to help you fight your case so that you don’t end up losing your driving privileges, or going to jail. If you don’t want to settle, then call the qualified Orlando DUI lawyers at Skubiak & Rivas, P.A. today for a free consultation to discuss your case.

What Are My Options to Fight My Florida DUI Charges?

If you decide to hire Orlando DUI lawyers to fight your DUI charge, there are alternatives to license suspension and jail time. If your case isn’t totally dismissed, you could be given:

  • Fines
  • Probation
  • Community service
  • DUI driving school
  • Substance abuse counseling

If you have a CDL and have been charged with a DUI, these options will not always be available to you, so please contact us immediately to discuss your charges.

We created a resource library to help you fight your Florida DUI charges:

  • Florida DUI frequently asked questions
  • Got a DUI in Orlando? Learn more about Standardized Field Sobriety Testing (SFST)
  • Understanding how to get an Orlando DUI overturned
  • How to Pick a Florida DUI Attorney?
  • Florida DUI Attorney FAQ’s
  • How do police officer’s spot drunk drivers?
  • What is the difference between Orlando DUI and DWI?
  • Orlando DUI DWI Attorney – Skubiak & Rivas, P.A.
  • Are you in search of a qualified Orlando DUI Lawyer
  • Memorial Day facts about DUI’s and lack of seat belts
  • Florida DUI Laws and Florida DUI Penalties
  • Florida DUI Lawyers
  • DUI Defense Lawyer in Orlando, Florida

Call Skubiak & Rivas, P.A. to Speak with a Florida DUI Attorney

With over 30 years of combined experience, we are ready and willing to help you fight your DUI charges. Our Florida DUI law firm is dedicated to traffic defense, and we welcome you to check out our background and client testimonials. If you are facing drunk driving or DUI charges, call the qualified Orlando DUI lawyers at Skubiak & Rivas, P.A. now, to get your life back on track. Contact us today for a free consultation.

Florida Field Sobriety Test

Got a DUI in Orlando? Learn more about Standardized Field Sobriety Testing (SFST)

The three tests of the SFST are:

  1. The Horizontal Gaze Nystagmus (HGN)
  2. The Walk and Turn
  3. The One-Leg Stand

These tests are administered systematically and are evaluated according to measured responses of the suspect.

HGN Testing
Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object.

In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center.

If, between the two eyes, four or more clues appear, the suspect likely has a BAC of 0.10 or greater. NHTSA research indicates that this test allows proper classification of approximately 77 percent of suspects. HGN may also indicate consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants.

Divided Attention Testing
The walk-and-turn test and one-leg stand test are “divided attention” tests that are easily performed by most sober people. They require a suspect to listen to and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises.

In the walk-and-turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for seven indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, uses arms to balance, loses balance while turning, or takes an incorrect number of steps. NHTSA research indicates that 68 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.10 or greater.

In the one-leg stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for a 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down.

NHTSA research indicates that 65 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.10 of greater. The effectiveness of SFST in court testimony and evidence depends upon the cumulative total of impairment indicators provided by the three-test battery. The greater the number of indicators, the more convincing the testimony. Because SFST is administered according to national standards and is supported by significant research, it has greater credibility than mere subjective testimony.

Alternative Testing Methods
Sometimes, an officer will encounter a disabled driver who cannot perform the SFST. In such cases, some other battery of tests such as counting aloud, reciting the alphabet, or finger dexterity tests may be administered. If the proper motions are filed, these test are usually not admissible at trial.