YOUR DRIVER'S LICENSE AND DUI
If you are arrested for DUI, then your DUI citation (ticket) serves as your driver's license for 10 days. The 10 day suspension period is measured from your date of arrest. You are only authorized to drive for hardship/business purposes.
In the same 10 day period, you may request a formal administrative hearing through the Department of Highway Safety and Motor Vehicles (DMV). If you fail to request the hearing within the 10 day timeframe, you waive your rights. The hearing is unrelated to a trial or any other proceeding before a judge. Once the request for the hearing is received by DMV, a 45 day temporary hardship license is issued to you. The hearing in your case will be set and conducted within the 45 day timeframe. The hearing in your Lake or Sumter County case is held in Astatula, Florida before a DMV hearing officer. You are not required to attend the hearing. A written order from the hearing officer will be entered indicating whether your suspension is upheld or overturned.
If you win the DMV hearing, then your "regular" license is returned to you or you may obtain a free duplicate from DMV.
If you loose the hearing, then you will suffer an administrative suspension. The suspensions are usually either 6 months or 12 months. If you took the breath, blood, or urine test and an indication of .08 or above is present, then you will suffer a 30 day walk period (cannot legally drive) before you can receive your next hardship/business purposes license. If you refused to take the breath, blood or urine test, then you will suffer a 90 day walk period before you can receive your next hardship/business purposes license. You must enroll in the DUI Counter Attack School before such an additional license will be issued. In Lake and Sumter Counties, the DUI school is offered via West Central Florida Driver Improvement (www.wcfdi.com). However, you may take the DUI class at any approved school in the State of Florida. Enrolling in the DUI school is not considered an admission of guilt for any purpose. The DUI school is a 12 hour class, but it is possible you will be referred for further treatment/counseling.
The court may suspend your license regardless of the results of the DMV hearing.
First Conviction: Minimum 6 months, maximum 1 year.
Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as Fist Conviction above.
Third Conviction Within 10 years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years.
Fourth Conviction, Regardless of When Prior Conviction Occurred: Mandatory permanent revocation. No hardship reinstatement.
DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
DUI Serious Bodily Injury or Vehicular Homicide: Minimum 3 year revocation. May immediately apply for hardship reinstatement hearing.
It should be noted that out-of-state convictions are considered prior offenses.
DMV or the judge may require an "ignition interlock device" as a condition of your driver's license. Generally, this breath testing device is attached to the steering column of any vehicle you may drive. In most instances, the ignition interlock may be ordered from 6 months to 2 years. The interlock is most commonly encountered in cases where the BAC is .15 or above or multiple offense situations.
Imprisonment is a possibility upon conviction for DUI.
At the court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward any term of imprisonment.
First Conviction: Not more than 6 months. With a blood alcohol level (BAL) of .15 or minor in the vehicle, not more than 9 months.
Second Conviction: Not more than 9 months. With a BAL of .15 or minor in the vehicle, not more than 12 months. If second conviction within 5 years of previous conviction, mandatory imprisonment for at least 10 days.
Third Conviction: If third conviction within 10 years of previous conviction ( a felony), mandatory imprisonment of at least 30 days and up to 5 years in prison. If third conviction more than 10 years (a misdemeanor/criminal traffic offense), imprisonment for not more than 12 months.
Fourth or Subsequent Conviction: Felony. Not more than 5 years in prison.
DUI Serious Bodily Injury: Felony. Not more than 5 years in prison.
DUI Manslaughter: Felony. Not more than 15 years in prison.
For more information regarding DUI penalties: www.flhsmv.gov/ddl/duilaws.html
