You’ve been arrested for driving under the influence (DUI) in Florida. After you fail the field sobriety tests and spend the night in jail, your first question likely will be what comes next. The one question many people have after a DUI arrest is what effect this will have on your driver’s license. Will one mistake affect your ability to take your kids to school, go to work and all the other places you need to get to on a daily and weekly basis? Particularly for those who live in South Florida, where mass transit is simply not a realistic option, a car is a necessity of life. However, one of the consequences of a DUI conviction is the loss of your driving privileges for an often substantial period of time. This can be avoided if you hire an experienced criminal defense attorney who can successfully negotiate a reduced charge or even secure dismissal of the charges against you altogether. If the prosecutor is unwilling to negotiate for a reduced charge in order to secure a conviction, and is successful in securing a DUI conviction against you, all hope is not lost. There are options to either regain your license under restricted circumstances or to avoid losing your license altogether by means of using an ignition interlock device.
What is a DUI and What Are the Penalties for a DUI under Florida Law?
Driving under the influence under Florida law is defined as operating a motor vehicle while impaired with a blood alcohol content (BAC) of 0.08% or higher, a chemical substance, or a controlled substance. For a first DUI conviction, the penalties include a fine between $500 and $1,000, imprisonment of up to six months, 50 hours of mandatory community service and suspension of the individual’s driver’s license for 180 days, with increased fines if the driver’s BAC was 0.15 or higher or if there was a minor in the vehicle. As a person gets additional DUI convictions, the criminal penalties for each subsequent conviction become increasingly severe.
DUI Factors that Affect the Potential Loss of Your License
Whether or not you lose your driver’s license as a result of a DUI is dependent upon a number of factors under Florida law. The first is whether you are actually convicted of a DUI. Many times an experienced criminal defense attorney can either fight the charges against you and convince prosecutors to either charge you with a lesser offense in return for a guilty plea to that lesser offense or can secure dismissal of the charges outright.
However, if prosecutors are not willing to bargain with your attorney and they secure a DUI conviction against you despite your attorney’s best efforts, then a number of factors determine whether you will lose your driver’s license and for how long. The most important of these factors are how many previous DUI convictions you have and when those previous convictions occurred. According to a helpful summary provided by the Florida Department of Highway Safety and Motor Vehicle, the following are the periods of suspension of your driver’s license depending upon the number of your prior DUI convictions:
- First offense:
- Minimum 180 days, maximum one year revocation if no bodily injury caused by driver.
- Maximum of three years revocation if bodily injury caused by driver.
- Second offense
- Second offense was within five years from the prior DUI conviction: minimum of five years revocation.
- Second offense occurs five or more years after first conviction, the same revocation periods as a first DUI offense apply.
- Third offense
- Within 10 years of the second DUI conviction: minimum 10 years revocation.
- Third offense 10 or more years after the second conviction, same revocation periods as first offense.
- Fourth conviction,
- Regardless of when prior convictions occurred: mandatory permanent revocation.
Are There Exceptions to the Loss of Your License under Florida Law As Set Forth Above?
Even if you would otherwise be barred from driving on Florida’s roads due to a DUI conviction, Florida law does allow for an exceptions from a complete loss of your driver’s license. The first is if driving is the only way that you can get to work. Under those circumstances, if you have been convicted of a first DUI offense, then Florida state law authorizes you apply to DHSMV for a hearing for a possible hardship reinstatement of your driver’s license if you have successfully completed DUI school. The requirements for obtaining a hardship reinstatement increase as the number of DUI convictions increase. Nevertheless, if you have been convicted of a DUI, this is the best means by which to get your license back, although the process can be tough.
If You Have Been Arrested or Charged with Driving under the Influence or Any Other Alcohol Offense in Palm Beach County, Florida, Contact Experienced DUI Defense Lawyer, Bryan Raymond
Experienced West Palm Beach DUI defense attorney Bryan M. Raymond of the Law Office of Bryan Raymond has represented numerous residents of South Florida who have been arrested on suspicion of driving under the influence or other alcohol crimes. The consequences of a DUI conviction can deliver a crippling blow to your ability to live your day-to-day life in one of the nation’s most car-dependent areas. However, simply because you have been arrested under suspicion of DUI does not mean that all hope is lost. Losing your license is not a foregone conclusion if you hire an aggressive, experienced criminal defense attorney like Bryan Raymond. Bryan can negotiate forcefully with prosecutors to have the charges against you reduced or dismissed altogether and will represent you aggressively at every step of the process. If you have been pulled over for drunk driving and are facing DUI charges in South Florida, contact experienced West Palm Beach criminal defense attorney Bryan Raymond today at (561) 682-1115 or [email protected].
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