Consequences for Violating Florida DUI Laws

Florida has a tougher driving under the influence (DUI) law than most other states.

Florida, like most states, has an implied consent law. Implied consent means every person who accepts the privilege of operating a motor vehicle on Florida roads is deemed to have given their consent to submit to a breath test for alcohol, a urine test for drugs or a chemical blood analysis if a serious injury or death is involved. Implied consent also covers a physical test for alcohol impairment. Refusal to take a chemical test will result in a mandatory one-year to eighteen month license suspension.

DUI laws in Florida presume an individual with a chemical test resulting in a blood alcohol content level (BAC) of .08% or greater is under the influence and if the BAC is between of .051% and .079%, while you are not presumed to be under the influence at these levels, the test results are admissible in court.

Florida DUI laws require a six month license suspension for a first offense if the chemical test shows a blood alcohol level of .08% or greater.

Florida DUI laws also require the police to detain you at the police station after a DUI arrest until it is determined you are no longer under the influence or impaired (blood or breath alcohol level of .05 or below) or for at least eight hours.

Your relatively brief stay in jail after your arrest is just the beginning of your problems following a DUI charge in Florida. If convicted of violating Florida's first offense DUI laws you will face Florida DUI penalties that include a mandatory fifty hours of community service, fines of up to $1000, probation of up to one year, and possible jail time of nine months. Florida DUI penalties require your license to be revoked for at least six months and an ignition interlock system be installed in your car if your blood alcohol content was .15 or greater or if you were driving with a child in the car.

The penalties including fines, jail time, and license revocation for a second or third offense conviction will obviously be much greater than those for a first offense DUI violation in the state of Florida.

A forth DUI offense is considered a third degree felony under DUI laws in Florida and a conviction requires your driver's license to be permanently revoked and allows a sentence of imprisonment for up to ten years.

Even one conviction under Florida DUI laws will dramatically increase your insurance premiums and possibly cause your insurance provider to cancel your insurance coverage.

Florida requires those convicted of even one DUI offense to carry a high risk insurance policy for at least three years after their conviction. This high risk insurance is known as Florida SR22 Insurance. An SR22 is the Department of Motor Vehicles (DMV) form filed with the DMV by your insurance provider prior to your driver's license being reinstated after a DUI revocation. Florida SR22 insurance coverage requires your insurance provider to notify the DMV if your SR22 insurance coverage lapses for any reason.

Once the DMV is notified that your Florida SR22 insurance coverage has lapsed, your license will be suspended once again for failure to comply with the minimum insurance requirements the state imposes following a DUI conviction. If this occurs you will have to go through the license reinstatement process all over again.

Consequences for Violating Florida DUI Laws

By: Gerald Benson

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