Florida DUI Laws

Under Florida DUI law chapter 316.193,F.S. a person is considered to be driving under the influence of alcohol or a controlled substance by either registering a blood alcohol concentration level of .08% or greater or by proof of impairment of their normal faculties as observed by the arresting officer.

The arresting officer can prove probable cause of impairment by either his or her observation of the suspect's driving behavior before being stopped, the suspect's mannerisms during the stop and by the suspect failing any part of the field sobriety tests, if the suspect submitted to them.

Under 21 Years of Age

A person who is under 21 years of age who has any measurable amount of alcohol in their system is consider to under the influence and will be detained by the police and released from custody to a parent or guardian.
A first time offender under the age of 21 who had a blood alcohol level of .02% or greater will have their driver's license suspended for 6-months.  If the first time offender refused a chemical test, their license will be suspended for 1-year.  A second or subsequent offense will result in a 1-year suspension and a second or subsequent chemical test refusal will result in an 18 month suspension.

Commercial Motor Vehicle DUI

If you were driving a CMV with a blood alcohol level of .04% or greater, you are considered to be under the influence and you will not be able to drive any commercial motor vehicle for 1-year and you will not be eligible for a hardship license.  You will have to pay the DMV a $60 license reinstatement fee at the end of your revocation period.  If you were transporting hazardous materials when stopped for DUI, your license will be revoked for 3-years with no chance of a hardship license.

Florida Administrative Hearing Process

There are two types of administrative hearings you need to be aware of and you only have ten days from the date of your arrest to request one of the hearings:

The first is an informal hearing that must be held within ten days of the date of your request.  The informal hearing is conducted by an employee of the Florida Department of Highway Safety and Motor Vehicles who is called the hearing officer.  The hearing officer will review all of the evidence presented by the arresting officer and any evidence you present in your defense and will make their decision to either uphold the officer's decision to suspend your license, or if the evidence does not justify the suspension, the hearing officer will reinstate your driver's license.  No testimony will be heard by either the arresting officer or yourself at an informal hearing, to be able to testify on your behalf you must request a formal hearing.

A formal hearing must be held within 30 days of you or your lawyer requesting the hearing.  At the formal hearing the hearing officer will place all parties present who will be testifying under oath.  The hearing officer will review all of the evidence presented by the arresting officer and hear testimony of the arresting officer.
The hearing officer will then review the evidence presented in your defense by your lawyer and will hear testimony from you and your lawyer, plus any witnesses that were subpoenaed.  After reviewing all of the evidence and hearing testimony from all parties, the hearing officer will make their decision to either uphold the suspension or rule in your favor and reinstate your license.

If you hope to have any chance of retaining your driving privileges and not have your license suspended, you must request a formal hearing and hire a skilled Florida DUI lawyer who has experience when it comes to representing clients at formal administrative hearings.

TIP:  It's very important that you contact a Florida DUI lawyer to discuss your case. Scheduling an initial consultation is free and you'll get some good information about your options. Contact one of our Florida DUI lawyers today.