Driving Under the Influence

Driving Under the Influence

Legal Consequences of Driving Under the Influence

Florida State Statute 316.193 defines Driving Under the Influence as an offense of the law if a person is driving or in actual physical control of a vehicle within the state and the person is under the influence of alcoholic beverages or controlled substances. The law applies to any chemical substances as set forth in the law or any substance controlled under chapter 893 of the Florida State Statutes when the person is affected to the extent that their normal faculties are impaired.

Florida State Statute 316.193 also sets the presumptive limit in the law. The presumptive limit means an individual has a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or the individual has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.This limit is so called because a person is presumed to be impaired beyond that level, regardless of the person’s actual ability to function.

Violations of the Florida State Statute 316.193 are considered to be a serious crime, and the punishments are stern and the punishments become progressively more severe with repeated offenses.

Punishment for a First Conviction of DUI:

1. Administrative Per Se driver’s license suspension at time of arrest;
2. Not less than $500 or more than $1,000 fine;
3. Not less than $1,000 or more than $2,000 fine if violator had a .15 or higher BAC or if at the time of the violation there were any individuals under the age of 18 in the vehicle;
4. Incarceration for not more than 6 months;
5. Incarceration for not more than 9 months if there was a .15 or higher BAC or a minor(s) was in the vehicle at the time of the violation;
6. Revocation of the violators driving privilege for 180 days to 1 year from the conviction date;
7. One year of probation;
8. Ten days of vehicle impoundment;
9. Driver may apply for a hardship driver’s license;
10. Alcohol/drug evaluation;
11. Mandatory DUI School;
12. Mandatory fifty hours of community service, or an additional fine of $10 for each hour of required community service;
13. Installation of a vehicle interlock device

For a first conviction, a court may order the installation of an ignition interlock device.

If the violator had a 0.15 BAC or greater or was operating the vehicle with a minor in the vehicle at the time of the violation, the installation of an ignition interlock device will be required for at least 6 continuous months.

If an ignition interlock device is ordered by the court, then the Department of Highway Safety and Motor Vehicles then requires the ignition interlock device be placed on the violator’s vehicle.

The standard ignition interlock device is an in-vehicle breath screening apparatus that requires the vehicle operator to pass a breath-alcohol test before their motor vehicle will start. Typically, the device is located inside the passenger compartment, near the driver’s seat, and hard wired to the engine’s ignition system. Once the driver blows into a mouthpiece, the device will determine if their breath alcohol concentration (BAC) exceeds a pre-set limit. If the driver’s BAC exceeds the prohibited level, the ignition interlock device will effectively prevent the vehicle from starting.

Punishment for a Second Conviction of DUI:

1. Administrative Per Se driver’s license suspension at time of arrest;
2. $1,000 to $2,000 fine;
3. $2,000 to $4,000 fine if there is a 0.15 or higher BAC or minors in the vehicle at the time of the violation;
4. Incarceration of not more than 9 months (up to 9 months if a second conviction within 5 years of the first); up to 12 months if the BAC was 0.15 or more or there were minor(s) in the vehicle at the time of the violation;
5. Revocation of the violators driving privilege for a minimum 180 days; a second conviction within 5 years of the first results in a 5-year revocation;
6. One year probation;
7. Vehicle impoundment for 30 days, if the second conviction is within 3 years of the first conviction;
8. Community service, as determined by the court;
9. Installation of a vehicle ignition interlock device installed at owners expense and placed on all vehicles used by the violator for a period of at least 1 continuous year;
10. Alcohol and drug evaluation;
11. Mandatory DUI school;
12. A second DUI past 5 years will be punished as if it were a first-time DUI conviction.

 

If a 2nd conviction for DUI is within 5 years of any prior conviction, there is a mandatory imprisonment of at least 10 days. At least 48 hours of the confinement must be consecutive.

Punishment for a Third Conviction of DUI:

1. Administrative Per Se driver’s license suspension at time of arrest;
2. Not less than $2,000 or more than $5,000 fine;
3. Not less than a $4,000 fine if there is a 0.15 or higher BAC or minors in the vehicle at time of the violation;
4. Incarceration for up to 12 months;
5. Revocation of the violators driving privilege for a minimum 180 days; a third conviction within 10 years after the first conviction results in a 10-year revocation;
6. 1 year probation
7. Vehicle impoundment for 90 days, if third conviction is within 5 years of the second conviction;
8. Installation of a vehicle ignition interlock device installed at owners expense and placed on all vehicles used by the violator for a period of at least 2 continuous years;
9. Alcohol and drug evaluation;
10. Mandatory DUI school;
11. A third DUI conviction is considered a felony of the third degree, a third DUI past 10 years will be punished as if it were a first-time DUI conviction.

If a 3rd conviction is within 10 years of any prior DUI conviction, there is a mandatory imprisonment of 30 days. At least 48 hours of the confinement must be consecutive.

A 3rd degree felony is punishable by 5 year’s incarceration or a $5,000 fine or both.

Punishment for a Fourth or Subsequent Conviction of DUI:

1. Not less than a $2,000 fine;
2. Incarceration for not more than 5 years;
3. Up to 5 years’ probation as an Habitual/Violent offender, with possible incarceration;
4. Mandatory permanent revocation of the violator’s driver’s license.

 

A person whose driving privilege has been permanently revoked because he or she has been convicted four or more times of violating FSS 316.193, Driving Under the Influence, may upon the expiration of 5 years after the date of the last conviction or the expiration of 5 years after the termination of any incarceration for a conviction of DUI (whichever is later) may petition the department for reinstatement of his or her driving privilege.

Within 30 days after receipt of a petition, the department shall provide for a hearing, at which the petitioner must demonstrate that he or she:

• Has not been arrested for a drug-related offense for at least 5 years prior to filing the petition;
• Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
• Has been drug-free for at least 5 years prior to the hearing; and
• Has completed a DUI program licensed by the department

At the hearing, the department shall determine the petitioner’s qualification, fitness, and need to drive. After such determination, they may reinstate the petitioner’s driver’s license. The reinstatement shall be subject to the following qualifications:

• The petitioner’s driver’s license must be restricted for employment purposes for not less than 1 year; and
• The petitioner must be supervised by a DUI program licensed by the department and must report to the program for supervision and education at least four times a year or more, as required by the program, for the remainder of the revocation period. The supervision shall include evaluation, education, referral into treatment, and other activities required by the department.
• The petitioner must assume the reasonable costs of supervision. If the petitioner does not comply with the required supervision, the program shall report the failure to the department, and the department shall cancel such person’s driving privilege.

If, after reinstatement, the petitioner is convicted of an offense for which mandatory license revocation is required, the department shall revoke his or her driving privilege.

A person may not be issued a commercial driver’s license during a period in which such person is disqualified from operating commercial motor vehicles or in which the driving privilege of said person is suspended, revoked, or cancelled.

Conditions for release from incarceration after a DUI arrest

1. The violator is no longer under the influence;
2. The violator’s normal faculties are no longer impaired;
3. The violator’s blood alcohol level is lower the 0.05; and
4. A minimum of 8 hours has elapsed from the time the arrest

Misdemeanor DUI Conviction

A violator who is found guilty of driving while under the influence and has been involved in a collision causing property damage or personal injury is guilty of a first-degree misdemeanor. A first-degree misdemeanor is punishable by a fine of $1,000 or imprisonment of up to 1 year (potentially both).

Felony DUI Conviction

An individual is guilty of a third-degree felony, punishable by fines of up to $5,000 and/or 5 year’s incarceration, if they: are found guilty of a fourth or subsequent DUI, have caused any serious bodily injury while driving under the influence, or have been classified by the court as a habitual/violent offender at the time of their conviction for DUI.

Manslaughter

An individual involved in a collision while under the influence and who causes the death of another may be charged with manslaughter. Manslaughter is a second-degree felony punishable by a fine of up to $10,000 or 15 years in jail (potentially both). An individual who is under the influence and is involved in a collision and then leaves the scene is guilty of a first-degree felony, punishable by a fine of up to $10,000 or 30 year’s incarceration (potentially both).

Vehicular Homicide

An individual involved in a collision which results in death to another as a result of the operation of a motor vehicle in a reckless manner which is likely to cause death or great bodily harm may be charged and convicted of vehicular homicide. Vehicular homicide is a second-degree felony punishable by a fine of up to $10,000 or imprisonment for up to 15 years (potentially both). An individual convicted of vehicular homicide who also left the scene of a collision is guilty of a first-degree felony punishable by a fine of not more than $10,000 or 30 year’s incarceration (potentially both).

Synergism

Synergism comes from the Greek word “synergos” meaning working together. It refers to the interaction between two or more “things” when the combined effect is greater than if you added the “things” on their own. It provides a one plus one is greater than two effects.

In toxicology, synergism refers to the effect caused when exposure to two or more chemicals at the same time results in health effects that are greater than the sum of the effects of the individual chemicals.

When chemicals are synergistic, the potential hazards of the chemicals should be re-evaluated, taking their synergistic properties into consideration.

Synergism occurs when drugs interact in ways that enhance or magnify one or more effects, or side effects, of those drugs. The combination can cause a greater reaction than simply the sum of the individual effects of each drug if they were used separately. (1 + 1 does not always = 2). The most serious consequence of drug synergy is overdose, which can be fatal if left untreated.

Due to the fact that there is no quality control with illicit (illegal) drugs, there is no set formula for determining the combined effect of alcohol and a specific drug like marijuana or cocaine from episode to episode of use. This makes it much more dangerous, as you never know what you will be getting each time you use. Alcohol can magnify the effects of any drug.

Alternatives to Driving Impaired

The best alternative is to never consume alcohol and/or other drugs and then drive. The second best alternative is to never get into a vehicle with a driver who has consumed any amount of alcohol. Even one standard drink can impair a person’s ability to drive.

1. Use a designated driver; however, be positive the person does not consume any amount of alcohol or use any kind of drug. If you observe the designated driver consuming alcohol, find another alternative;
2. If you must consume alcohol do so at home and do not leave the premises;
3. Plan to spend the night where alcohol is being served. If at a party at a hotel, reserve a guest room for the night;
4. Call a friend or family member for a ride;
5. Call a taxi. One good method to use is to take a taxi to the desired destination. Then when you go to leave there is no vehicle available. Remember, judgment is the first thing affected by alcohol;
6. Use public transportation if it is available within a short distance and you are able to walk;
7. Never consume alcohol.

Driving Without a License

Florida House Bill 1589 (2024), now codified in Florida Statute 322.03, revises the penalties for driving without a valid driver license. This legislation aims to deter individuals from driving without proper authorization by introducing more stringent consequences. Effective from July 1, 2024, the statute specifies several important changes.

Firstly, for a first-time offense, the penalties remain relatively unchanged, focusing on fines and potential court appearances. However, significant changes have been introduced for repeat offenders. For a third or subsequent conviction, the statute now mandates a minimum jail sentence. This new requirement underscores the seriousness with which Florida views repeat offenses of driving without a valid license, aiming to enhance public safety by deterring habitual offenders.

The new law also outlines specific periods of license suspension for those caught driving without a license. For a second offense, the individual’s license may be suspended for up to six months. For a third or subsequent offense, the suspension period extends to one year. This incremental increase in suspension duration is intended to prevent repeat violations and encourage compliance with licensing laws.

Additionally, the statute includes provisions for community service. Offenders may be required to perform community service hours, particularly in settings related to traffic safety and injury prevention. This aims to educate offenders about the potential consequences of their actions and promote a more responsible driving culture.

The law further mandates that repeat offenders complete a driver improvement course approved by the Department of Highway Safety and Motor Vehicles (DHSMV). This educational requirement is designed to improve the driving habits of offenders and reduce the likelihood of future infractions. The course content focuses on the importance of adhering to traffic laws and the risks associated with driving without a valid license.

Overall, these comprehensive measures in Florida Statute 322.03 reflect the state’s commitment to enhancing road safety and reducing the incidence of unlicensed driving. By implementing stricter penalties, mandatory education, and community service requirements, Florida aims to create a safer environment for all road users.