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DUI Fact Sheet - Michael P. Maddux, P.A. Attorneys at Law



Driving Under the Influence (DUI) Fact Sheet from the Bureau of Administrative Reviews in Tampa

Please use the following information as a guide, while remembering the facts and circumstances of each case are unique and could lead to varying results.

I. Bureau of Administrative Reviews: 873-4830
Location: 2814 E. Hillsborough Avenue, Tampa
Hours of Operation: Monday - Friday: 8:00 a.m. to 5:00 p.m.


A. Refusal

  • One year suspension if first refusal; 18 months for second or subsequent refusals.
  • Citation serves as temporary permit for 10 days.
  • Followed by 90 day suspension = “hard time” not eligible for any permit.
  • If the suspension is based on unreasonable request to take test it can be challenged. Must request formal hearing in writing within 10 days of citation/arrest.
  • Validation of suspension means hard time starts after written decision rendered and temporary permit expires.
  • Invalidation of suspension means the administrative suspension is overturned and license is valid until plea entered or charges dropped.
  • The favorable disposition of the criminal proceedings will not affect a suspension for refusal to submit to blood, breath or urine testing.
  • A hardship permit after the “hard time” suspension is possible if you have enrolled in DUI school. Prior DUI’s may impede your ability to get a hardship permit. If you have pled guilty to DUI (see below) you must have completed DUI School to be eligible for a hardship permit.

B. Blow over legal limit - > .08

Six month suspension.

Citation serves as temporary permit for 10 days.

Followed by 30 day suspension = “hard time” not eligible for any permit. See items A 5 through 8 above for details.

C. If you have had a previous refusal to submit to a breath test, subsequent refusal will be graded as a first degree misdemeanor. Thus, the simple fact of refusing a second time can be pursued in criminal court regardless of the outcome of the DUI.


D. Obtaining a hardship permit involves an interview with a DHSMV hearing officer. If you are eligible for a Hardship License you will need to show proof of enrollment in DUI School and have a 30 day Traffic Search before you go to get the license. They usually ask how you got to the Bureau. If you answer that you drove there or if they see you getting out of the car alone, you will not get a hardship license.


II. DUI COUNTERATTACK: 875-6201, www.drivesafetampa.org.

Once DUI school is completed, a certificate will be issued.

III PLEADING TO DUI

  • PENALTIES:

1. Driver’s License Suspension: effective from the date of conviction (the date you pled) license suspended.

  • First Conviction: 6 to 12 months
  • Second Conviction within 5 years: Not less than 5 years.
  • Third Conviction within 10 years: Not less than 10 years.
  • Fourth Conviction or more: Permanent revocation.
  • Usually, a hardship license can be obtained by applying with DMV immediately following court but only if you have enrolled in and completed DUI school.

2. Fines

  • First Conviction: $500 to $1,000
  • Second Conviction: $1,000 to $2,000
  • Third Conviction: $2,000 to $5,000
  • Fourth Conviction: At least $2,000

3. Imprisonment

  • First Conviction: 0 to 180 days
  • Second Conviction: Within 5 years: 10 to 270 days; More than 5 years: 0 to 270 days
  • Third Conviction: Within 10 years: 30 to 364 days; More than 5 years: 0 to 364 days
  • Fourth Conviction or more: Could lead to charges being upgraded to a third degree felony punishable by up to five years in prison.

4. Enhancements for blood alcohol level (BAL) greater than .20 or if passenger under 18 was in vehicle

  • Fine first conviction: $1,000 to $2,000
  • Fine second conviction: $2,000 to $4,000
  • Fine third conviction: Minimum of $4,000
  • Fine fourth or more convictions: Minimum of $4,000
  • Imprisonment first conviction: 0 to 270 days
  • Imprisonment second conviction:0 to 364 days
  • Imprisonment third conviction: 0 to 364 days
  • Imprisonment fourth or more convictions: 0 to 364 days
  • Imprisonment may be ordered served in residential alcoholism treatment program.

5. Substance Abuse Evaluation and Treatment if Necessary

  • Cost incurred by offender;
  • Failure to complete can result in immediate cancellation of driving privilege.

6. Community service:

  • Minimum of 50 hours or payment of $10 per hour of service, if Court permits. Often a portion of the hours ( usually 16) must be completed with the Sheriff’s work detail unit.

7. Vehicle Impoundment/Immobilization:

  • First time DUI - 10 days.
  • Second within five years - 30 days*
  • Third within ten years - 90 days*
  • Fourth or more - 90 days*

* must not occur concurrently with imprisonment

  • Costs and fees can be assessed against offender.
  • Can be waived upon showing of hardship to third party to probationer.

* Stone’s Countywide Immobilization Service

Dennis Stone - (813) 598-8441

8. Ignition Interlock Devices (IID):

First conviction if BAL >.20 - up to 6 months
Second conviction - 1 year
Second conviction if BAL >.20 - 2 years
Third conviction or more - 2 years

Important: While the court may not require an IID, often DHSMV may unilaterally require one before your license can be reinstated.

9. Financial Responsibility:

Every owner/operator of a motor vehicle that has been found guilty or entered a plea of guilty or nolo contendre to a charge of DUI after October 1, 2007 shall:

Establish and maintain insurance in the amount of $100,000 for bodily injury/death to one person; $300,000 for bodily injury/death to two or more persons and $50,000 for property damage.

These limits must be carried for a minimum of 3 years.

Must provide to the Department of Motor Vehicles verification of the higher limits by submitting an FR-44 form from your insurance carrier.

If you have these limits in place on the offense date of the alcohol related offense you will not owe a reinstatement fee but will still need to provide the State with an FR-44. If you did not have the required limits the reinstatement fee on or after February 2, 2008, is now $150 for the first suspension, $250 for the second suspension, or $500 dollars for the third suspension.

10. Department Suspensions

a. Second DUI conviction within a five year period will result in a five-year revocation. If you have a second conviction outside five years, your hard time suspension will be 180 days to 1 year revocation with no early reinstatement for a hardship. You may apply for a hardship license at the Administrative Reviews Office after serving one year from effective date of revocation. DUI School and treatment, if referred, must be completed and you must have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license. See attached information regarding this Program.

b. Remember the Department may have statutory authority to impose additional sanctions or monitoring even though not court ordered (i.e. ignition interlock devices and ineligibility for a hardship license).

11. If you have out of state driving privileges, they may, due to interstate compacts, impose sanctions due to a Florida DUI. Please check each state for the potential for reaching ramifications of a Florida conviction. Most states at a minimum will count the Florida conviction as a prior and use it to enforce the sentence on any future convictions.

 

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