Criminal Lawyer Ft. Lauderdale


Criminal Defense Lawyer Ft Lauderdale, Your Criminal Defense Lawyer Covering Broward County Florida, Fort Lauderdale, Hollywood, and Pompano Beach.


Juvenile Defense Lawyer in Ft Lauderdale


A Ft Lauderdale Juvenile criminal conviction can have a lasting effect on your child’s life. Call Juvenile Defense Lawyer Network Broward County for an Experienced Juvenile Defense Lawyer Today. Your child’s future is at stake. [Read More]

Criminal Defense Lawyer Network


Criminal Lawyers of Fort Lauderdale, our Criminal Defense Lawyers bring over a century of legal experience to the Criminal court room. They have been defending Floridians accused of crimes for many years. [Read More]


Criminal Appeals Lawyer Network


What is a Criminal Appeal Call Fort Lauderdale Criminal Appellate, Appeals Lawyer Network for A Broward County Criminal Appeals lawyer today. Make your criminal appeal, get the court to reconsider your verdict. [Read More]

Expungement of Criminal Records in Florida


Criminal Record Expungement Lawyer Network will help you find a way to clean your arrest record through record expungement or record sealing. Clean Your Records! Call Criminal Record expungement Lawyers now. [Read More]


DUI Lawyers in Ft Lauderdale


While a Ft Lauderdale DUI lawyer cannot always guarantee your charges will be dropped, he or she can provide essential legal counsel and help you take the best course of action depending on your specific circumstances. [Read More]

Posts Tagged ‘Oakland park’

Fort Lauderdale DUI Defense Attorney Network

Written by lisaspitzer on . Posted in Boca raton, BOCA RATON CRIMINAL LAWYER, Coral Springs, Deerfield Beach, Drivers License Lawyer, Fort Lauderdale, Fort Lauderdale Criminal Lawyer Blog, Fort Lauderdale DUI Defense Lawyer, Fort Lauderdale DUI lawyer, Fort Lauderdale jail lawyer, Ft Lauderdale criminal lawyer, Hallandale, Hollywood, Indian nations defense lawyer, Juvenile Lawyers, Pompano Beach, Suspended License Lawyer, Trucker Lawyer

Arrested For A DUI?

Need A Lawyer Right Now?

We Always Have a DUI Lawyer On Call to Help You

Fort Lauderdale  DUI Laws Result In Serious Consequences

Talk to one of our experienced Fort Lauderdale DUI lawuers  and keep Your Freedom to Drive!

What Is A DUI Arrest?

You will be arrested on DUI charges if you  driving or in actual physical control of a vehicle within this state, and are  is under the influence of alcoholic beverages,
1.  Blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood (over .08 BAC)
2. A breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath (over .08 BrAC).

What Are the Fort Lauderdale Florida DUI Penalties?

The crime of DUI becomes a 3rd Degree Felony in situations when you have  previous DUI convictions within a certain period.

1st Offense (First) – Misdemeanor

Jail for up to 180 days;
Probation for up to 1 year (however; the total period of probation and incarceration may not exceed 1 year);
A fine of $250 – $500;
License suspension for 6 months – 1 year;
50 hours of community service (in the alternative may pay $10 per hour of community service);
DUI School, Level 1;
Your  car will be impounded for 10 days.

1st Offense Enhanced DUI (BAC Over .15%)– Misdemeanor

Jail for up to 270 days;
A fine of $500 – $1000;
An Interlock Ignition Device must be installed in Defendant’s car, and remain for up to 6 months.

 If you had a car accident while under the influence you may be sentenced to up to 364 days in jail.

Second Offense Florida DUI Laws & Penalties

Jail for up to 270 days;
Probation for up to 1 year;
A fine of $500 – $1000;
License suspension for 6 months – 1 year;
DUI School, Level 2;
All of the Defendant’s cars will be impounded for 10 days;
An Interlock Ignition Device must be installed in Defendant’s car, and remain for 1 year.

THere may be other more extreme penalties depending on the circumstances

Third (3rd) Offense

Jail for up to 364 days;
Probation for up to 1 year;
A fine of $1000 – $2500;
License suspension for 6 months – 1 year;
– DUI School, Level 2;
All of the Defendant’s cars will be impounded for 10 days;
The Interlock Ignition Device will be installed in Defendant’s car, and remain for 2 years.

There may be more extreme panalties depending on the circumstances

Fourth (4th) Offense – 3rd Degree Felony

Jail up to 5 years;
Probation for up to 5 years;
A fine of $1000 – $5000;

If you refused to take a breath, blood or urine test after being arrested for DUI in Fort Lauderdale, or if the results of the breath test were .08% blood-alcohol or above, the individual only has ten days to request a hearing in order to challenge the administrative suspension of your driver’s license.

The above is a basic overview.  The penalty  may be more extreme  depending on the length of time between the arrests and each circumstance. It is imperative that you speak to an experienced DUI lawyer in Fort Lauderdale Immediately.

 

Lawyer For Your Criminal Defense

Written by lisaspitzer on . Posted in Deerfield Beach, Fort Lauderdale, Fort Lauderdale Criminal Lawyer Blog, Hollywood, Pompano Beach

Have you been arrested in Fort Lauderdale or accused of a crime? You will need acriminal defense attorney. This decision will effect you for the rest of your life.Depending on the severity of the crime, your priors and the attitude of the prosecutor the right criminal lawyer will pick the right criminal defense for your specific situation.

If you have been accused of a crime in Fort Lauderdale you will be expected to  appear in court. Your criminal attorney will consider a criminal defense strategy for you.Sunrise, FL

  • The insanity defense
  • You were forced to commit a crime because you were threatened with unlawful force
  • You were going to commit a crime or be an accomplice to a crime but then decided to abandon any involvement.
  • Self-defense
  • Consent
  • Intoxication
  • Statute of limitations

The criminal defense  choosen  will depend on the crime you are charged with and the evidence you have on your behalf.

 

 

Fort Lauderdale Criminal Defense Lawyers, Criminal Lawyers for All Charges

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

Criminal Defense lawyers Fort Lauderdale announces expansion of the  criminal attorney network to include attorneys with expertise in the following criminal charges:

  • Alcohol Related Offenses
  • DWI – Driving While Intoxicated
  • DWI – Penalties
  • DUI – Driving Under the Influence
  • Suspended License
  • Drivers License Reinstatement
  • MIP – Minor in Possession
  • Theft Related Offenses
  • Theft Charges
  • Forgery Charges
  • Fraud Charges
  • Assault Related Offenses
  • Assault – Bodily Injury
  • Assault Family Member
  • Assault Deadly Weapon
  • Domestic Violence
  • Drug Related Offenses
  • Possession of Marijuana
  • Posession of Medical Marijuana
  • Marijuana Cultivation
  • Possession of Cocaine
  • Federal Drug Charges
  • Possession of a Controlled Substance
  • Sex Related Offenses
  • Prostitution
  • Indecent Exposure
  • Sexual Assault of a Child
  • Child Pornography
  • Internet Sex Charges
  • Online Solicitation of a Minor
  • Sex Crimes Investigations
  • Other Charges
  • Federal Charges
  • Juvenile Crimes
  • Probation Violations
  • Criminal Investigations
  • White Collar Charges
  • Federal Investigations
  • Criminal Defense Lawyer

Covering all of Broward county and the Greater Fort Lauderdale area: Pembroke Pines, Hollywood, Mirimar, Fort Lauderdale, Davie, Cooper City, Oakland Park, Coral Springs, Tamarac, Deerfield Beach, Pompno Beach and Boca Raton.

Florida DUI Laws, Fort Lauderdale DUI Lawyer

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

court3

Florida DUI and Administrative Suspension Laws are reviewed in preparing a DUI Defense case for you. If you have been arrested for a DUI in Fort Lauderdale, Hollywood, Coral Springs, Pompano, Deerfield or any place in Broward County Florida it is important to hire an experienced DUI Defense lawyer. Criminal Defense Lawyers of Fort Lauderdale bring decades of experience in DUI Defense to the courtroom.

YOUR DUI DEFENSE FORT LAUDERDALE LAWYER

  • DUI's
  • Ignition Interlock Devices
  • Insurance Laws
  • Medical & Vision Problems
  • Paying a Traffic Ticket
  • Points & Point Suspensions
  • Received Ticket in Another State
  • Reporting a Bad Driver
  • Suspension Prevention Quiz
  • Suspensions & Revocations
  • Violation Point Values

* Disclaimer: This summary was prepared by the Department of Highway Safety and Motor Vehicles and should be used as a reference only. Interested parties should refer to the full text of the law before drawing legal conclusions.

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.

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

First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.

Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.

Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.

Fourth or Subsequent Conviction: Not less than $2,000.

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.

Probation – s. 316.193 (5)(6), F.S.

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

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 .15 or higher or minor in the vehicle: Not more than 9 months.

Second Conviction: Not more than 9 months. With BAL of .15 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 Statutes, as habitual/violent offender.

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.

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.

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).

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.

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).

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 of the second conviction: minimum 10 years revocation. May be eligable for a hardship reinstatement after two years.

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: driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance 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 .15.

Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.

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 .15.

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.

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.

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 .15 or greater.

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): 1 year disqualification

driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: 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.

Second or Subsequent Disqualification of driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: Permanently disqualification

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.

Florida DUI laws offered as a community service by the DUI defense law office of Criminal Defense Lawyers of Fort Lauderdale. With 23 years of fighting DUI arrests in Fort Lauderdale, Criminal Defense Lawyers of Fort Lauderdale is your source for A Drunk Driving arrest. Call Criminal Defense Lawyers of Fort Lauderdale Today.  Fort Lauderdale and Broward county DUI defense since 1988.

Drivers License Supensions in Florida

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

florida-drivers-license-restoration

Drivers License Suspension Lawyers 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.  Criminal Defense Lawyers of Fort Lauderdale is experienced in the restoration of Florida Drivers LIcenses. 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.

A Look At the Florida  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

Drivers license suspension, suspended license lawyers in 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.

  • Criminal Lawyers In Fort Lauderdale: Fort Lauderdale Criminal Defense Lawyers Get a criminal lawyer if you have been arrested in Fort Lauderdale from Fort Lauderdale Criminal Defense Lawyer Network. Our lawyers have ove 25 years criminal defense experience with offices in t... [Read More]