Drivers License Suspension Laws In Florida, Florida Department of Highway Safety
The information below was obtained from the Department of Highway Safety. It is offered as a resource for individuals whose license to drive has been suspended. The law office of Guy Seligman is experienced in the restoration of a florida drivers lIcense. If your drivers license has been suspended you may be able to have your driving privileges restored. Contact the driver license restoration legal team today.
Law Office of Guy Seligman 20 SE 9th St Fort Lauderdale, FL 33316 Phone: 954-760-7600 (Phone) and statewide 1 855-5-License
A Look At the laws governing Drivers License Suspensions in Florida 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. 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. 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. 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. 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. 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. 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. 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. 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 The Law Office of Guy Seligman can help you restore your license in the following Florida Cities: Belle Glade, Boca Raton, Bonita Springs, Boynton Beach, Bradenton, Cape Coral, Clearwater, Coral Gables, Coral Springs, Daytona Beach, Deerfield Beach, DeLand, Delray Beach ,Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Haines City, Hallandale Beach, Hialeah, Hollywood, Homestead, Immokalee, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Merritt Island, Miami, Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Ormond Beach, Palm Bay, Panama City, Pensacola, Plant City, Pompano Beach, Port Charlotte, Port Saint Lucie, St Cloud, St. Petersburg, Sarasota, Spring Hill, Starke, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, Pensacola, Winter Haven, Winter Park.