Tuesday, February 22, 2011

Enhanced Florida DUI Penalties ( BAC >.15% Or Child In The Car).

Florida First DUI BAC Greater Than .15% or Minor In The Vehicle
Fine: between $1000 and $2000
Driver’s License Revocation:180 days up to 1 year
Business Purpose Only: Must complete A DUI school and apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15
DUI School For License Requirements: Must complete DUI school before hardship reinstatement. Customers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If customer enrolls and is reinstated after revocation period expires,failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed.
Community Service: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required
Probation: First conviction, total period of probation and incarceration may not exceed 1 year
Jail: Not more than 9 months
Conditions for Release From Jail: The person is no longer under the influence and; the person's normal faculties are no longer impaired, the person's blood/breath alcohol level is lower than 0.05; or eight hours have elapsed from the time the person was arrested.
Impound or Immobilization: 10 days that must not occur during incarceration
Refusal of Blood/Breath or Urine: Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal (even if the prior DUI is dropped or reduced) is a misdemeanor of the first degree. Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months.
Administrative Suspension: First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months. First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year. The suspension is effective immediately The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible. 
Review Hearings For Administrative Suspensions: Department of Highway Safety and Motor Vehicles may upon the request of the driver to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decisions of the department shall not be considered in any trial for a violation of s. 316.193, F.S., nor shall any written statement submitted by a person in his request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification.
Administrative Suspension Business or Employment Reinstatement: Must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.
Adjudication and Sentencing: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant's blood alcohol was .15 or greaterIf you are arrested for a DUI in Volusia County go to Daytona Beach DUI attorney, Daytona Beach criminal defense attorney. If you are arrested for a DUI in Seminole County go to Seminole County DUI attorney, Seminole County criminal defense attorney. Offices at 209 West First Street, Sanford, FL 32771 and 747 South Ridgewood Ave., #105 Daytona Beach, FL 32114. For free DUI information and sample forms go to Free DUI information and sample forms