In the state of Florida, being charged with driving under the influence (DUI) is a serious offense that can have far-reaching implications, not least of which is the significant impact on your driving record. A DUI conviction will stay on your record for 75 years, effectively the lifetime of most drivers, according to Florida statutes.
Florida's DUI Statutes
Florida's laws regarding DUI can be found in the 2023 Florida Statutes, Section 316.193. Here, DUI is defined as operating a motor vehicle while one's "normal faculties" are impaired by alcohol or drugs, or with a blood or breath alcohol level of 0.08% or above. The law applies to both public and private vehicles, including cars, trucks, boats, and even bicycles and horses.
DUI Conviction and Your Driving Record
Once convicted of a DUI, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) records the conviction on your driving record. Even after you have served any imposed penalties such as jail time, fines, community service, and probation, the conviction remains on your record. This can lead to increased insurance rates and difficulties in certain job applications, especially those involving driving.
Impact on Your Driving Privileges
Florida law imposes strict penalties on those convicted of a DUI, which increase with each successive violation. For the first conviction, your license can be revoked for a period of 180 days to one year. If this is the second conviction within five years, there's a mandatory license revocation of five years as per Florida Statute 322.28.
Furthermore, you may be required to install an ignition interlock device on your vehicle, at your own expense, especially if your blood-alcohol level was particularly high or if this is a subsequent offense.
Point System and DUI
Unlike other traffic violations, a DUI does not add points to your license but results in an immediate suspension or revocation. However, related violations that often occur with a DUI, such as speeding or reckless driving, do carry points which are added to your driving record. Accruing points can lead to additional penalties, including further license suspension.
Reinstating Your Driving Privileges
While a DUI conviction does lead to the suspension or revocation of your driving privileges, it is possible, in some cases, to reinstate these privileges. This often requires completion of DUI School or a comparable program, and potentially a hearing with the FLHSMV. Moreover, habitual offenders or those who've caused serious injury or death may never regain their driving privileges, as dictated by Florida Statute 322.28.
Related FAQS
Q: How long does a DUI stay on your driving record in Florida?
A: In Florida, a DUI conviction will remain on your driving record for 75 years, which is essentially the lifetime of most drivers. This is a part of the public record and can be accessed by insurance companies, employers, and others.
Q: What are the penalties for a first DUI conviction in Florida?
A: For a first DUI conviction, penalties can include fines, imprisonment, probation, community service, mandatory DUI school attendance, and license revocation for a minimum of 180 days. The court may also order the installation of an ignition interlock device.
Q: Can a DUI conviction lead to increased insurance rates?
A: Yes, a DUI conviction can lead to increased car insurance rates. Insurance companies view DUI offenders as high-risk drivers and therefore charge higher premiums.
Q: What does Florida law say about license revocation for repeated DUI offenses?
A: For a second DUI conviction within five years, Florida law mandates a license revocation of five years. Subsequent offenses may lead to more severe penalties.
Q: Is it possible to reinstate driving privileges after a DUI conviction in Florida?
A: Yes, in some cases, it's possible to reinstate driving privileges after fulfilling certain requirements like completing a DUI School or comparable program. However, it may require a hearing with the Florida Department of Highway Safety and Motor Vehicles, and habitual offenders may never regain their driving privileges.
Q: How can a DUI defense attorney help if you're charged with a DUI?
A: A DUI defense attorney can help navigate the complex legal landscape, potentially challenge the charges based on the evidence, guide you through the court process, and work to minimize the impact on your driving record. They can provide advice tailored to your specific situation, which is crucial given the serious consequences of a DUI conviction.
The Role of a DUI Defense Attorney
If you've been charged with a DUI, it's crucial to consult a skilled DUI defense attorney as soon as possible. An attorney can help navigate the complex legal landscape, potentially challenge the charges, and work to minimize the impact on your driving record. A DUI conviction in Florida has a significant and long-lasting impact on your driving record. Beyond the legal implications, it can affect your personal and professional life.
If you or a loved one are facing DUI charges in Florida, engaging the services of Musca Law, P.A., a reputable and high-achieving DUI Defense law firm, is very important. Conveniently located in over 30 offices throughout Florida—including Miami, Orlando, Tampa, Key West, the Panhandle, and beyond— we ensure ease of accessibility for our clients. Our team of seasoned DUI Defense Attorneys are ready to help you build your DUI defense, and we encourage you to contact us 24/7 at 1-888-484-5057.