D.U.I. Información

Traffic & DUI - "Driving Under the Influence"
Driving under the influence is probably the most serious misdemeanor offense one can be charged with in Florida and one of the most complicated to defend. Scientific experts, familiarity with specialized equipment and knowledge of breath and alcohol ratios is a pre-requisite for any criminal defense trial attorney who is serious about winning your case.

If convicted of a DUI, your car will be impounded, you will forced to submit to random drug testing, pay at least a thousand dollars in fines and court costs and have your driver's license suspended for at least six months, up to one year. Furthermore, you will be placed on probation for at least six months. During your period of probation, any future arrest or contact with law enforcement could lead to a new charge of violation of probation.

The Law Office of Carlos M. Amor, P.A., can help you avoid these unpleasant consequences. Carlos M. Amor handles all traffic cases and DUI cases. Mr. Amor handles each case personally and your case will never be reassigned to a different lawyer. Our case analysis begins with the traffic stop that led to your arrest to your participation in roadside sobriety exercises (FSE's) and breathalyzer tests. Our office will also request an administrative hearing at the Florida DMV in order to keep you license from being suspended. An experienced criminal trial lawyer knows how to prevent the government from using unlawfully obtained evidence against you. If the police stopped your car for an unlawful purpose, if they violated your rights in any way, we will make sure your case is dismissed. Below are the types of Traffic crimes and Driver's License issues we can help you resolve.


  • 1. Traffic Tickets/Citations
  • 2. Multiple DUI's
  • 3. Hardship Licenses
  • 4. Business Purpose Only (BPO) Licenses
  • 5. Driver's License Reinstatement
  • 6. Formal and Informal Review Hearings at the DMV
  • 7. Second or Subsequent Refusal cases
  • 8. Vehicle Impoundment
  • 9. Victim Impact Panel
  • 10. DUI School
  • 11. DUI with Property Damage
  • 12. DUI with Serious Bodily Injury
  • 13. Leaving the Scene of the Accident
  • 14. Reckless Driving
  • 15. Racing on the Highway
  • 16. Habitual Traffic Offender
  • 17. Violation of Driver's License Restriction
  • 18. DUI with serious bodily injury
  • 19. Possession of Fictitious Driver's License
  • 20. Felony DUI
  • 21. Driving While License Suspended
  • 22. Habitual Traffic Offender

How the DUI case is Won:
There are various regulations law enforcement officers are trained to follow and comply with when dealing with DUI arrests and investigations. These rules are complicated and confuse even the most seasoned officer. Our case preparation and analysis focuses on each specific regulation the officers are supposed to follow. Typically, we find irregularities with police conduct and their ability to follow the rules that the government has established.

Traffic Stop & Field Sobriety Exercises
Unlawful Traffic Stops may be the basis to get your case dismissed. If you are stopped for speeding, weaving, failure to maintain a single lane, obstruction of traffic, tag light out, cracked taillights and other reasons for a traffic stop, call us immediately so we can help you get your DUI dismissed.

The condition of the road or area where Field Sobriety Exercises (FSE's) conducted is a major factor in determining whether the roadside tests accurately measured your level of impairment. If the street or the ground was not even and smooth, if there were pebbles on the ground where you performed the test, if the tests were done on the side of the road or too close to oncoming traffic, any "failed" tests could be attributed to these alternative factors. Fatigue is another factor affecting performance on FSE's. A poor performance on these tests may prove you were tired, but not necessarily impaired.

Medical Problems affecting balance is a great defense for a jury trial. The roadside "tests" the police have you do are intended to measure your "normal faculties" which include your ability to walk, talk, drive a car, etc. These tests measure mostly abnormal activities, such as standing on one leg or touching your face with your eyes closed. Having a reason why you did poorly on these tests makes its easier for a jury to believe that the tests themselves do not accurately measure impairment but that they better at measuring a persons overall physical condition and dexterity. If you were involved in an accident in which you suffered any injuries you may have a solid defense built into the facts of your case.

Breath Tests
The Breathalyzer Machine is repaired and calibrated by a private corporation, and they keep secret the source codes which would allow a forensic toxicologist to replicate results and examine the machine. Most if not all law enforcement agencies do not repair the breathalyzer machines themselves; the machines are sent away to another part of the country where they are opened and repaired by the manufacturer. There is literally no way of knowing beyond a doubt whether the breath test is accurate-there are too many ways to manipulate the results if you are at all familiar with the operations of the machine.

The extent of law enforcements involvement with making sure the breath test machine is working is limited to their pressing a maintenance or diagnostic button on the machine. Then law enforcement is told by the machine, via print out, whether the machine is functioning properly or not. It's clear from this explanation that more faith is placed into the proper functioning of this machine than actual proof or facts that the machine is giving accurate readings. The breath test machine is not infallible. All if this evidence will be presented to a jury of your peers in a DUI case with a blow above .08 BAC.

Police officers are required to observe you for 20 min before administering the test. The reason for this is to prevent interference with the administration of the test as well as ensuring accuracy. For example, if you have one sip of alcohol just before taking a breath test, you will have a similar result to someone who has been drinking all day. This reality makes it easier to challenge the accuracy of the breath test machine because the machine only measures alcohol content of the breath.

The same alcohol based solutions that are used to "test" the machine as well as to sanitize the machine and the surrounding area may actually increase the alcohol content of the results of your test. The very tools law enforcement uses to make sure the machine is accurate could make the breath test results completely inaccurate. Having an attorney who has seen these issues before and dealt with them successfully could help you win your DUI case even with a "high blow."

Law Enforcement officers are trained to follow certain procedures when it comes to administering these breath tests. But police officers are human and are susceptible to making mistakes; fatigue (most breath tests are administered at night or early morning), distractions from their personal lives, distractions from other cases, confusing the facts of your case with the facts of another very similar case, and the occasional incompetence can jeopardize the effectiveness of any training a police officer received. If you were charged with DUI, you need an attorney who knows these police procedures and, more importantly, knows the purpose of the process and how to challenge police officers who make mistakes. This isn't simply success based on "technicalities": Beating a case on a technical issue (not following proper procedures, etc.) isn't just a matter of "good lawyering" or "getting off" at whatever cost. It's a matter of following the law.

Forensic Toxicology is a branch of science that studies the effects different substances have on the human body. Regarding DUI cases, your breath or blood alcohol level, (BAC), actually increases within an hour or you last drink. A breath test is usually administered at least an hour after an arrest for DUI. An expert in Forensic Toxicology can help show a jury that your BAC level At the time of offense (when the police actually stopped you) is lower than the breath reading at the station. If the police had you submit to a urinalysis or blood test, a forensic toxicologist can show a jury how long certain substances stay in your system, providing the jury with the reasonable doubt that you took any illegal drugs on the day or night of your arrest.

Refusals
If the Implied Consent Form you were read is ambiguous or illegal, your refusal to provide a breath sample, as well as a charge for a second or subsequent refusal would be suppressed and dismissed, respectively. Many of he forms police read to a suspect when they refuse a breathalyzer have been found to be unlawful and coercive by several local judges. Many police officers have changed their practice, but many do not. The exact wording of these forms may prevent the prosecutor from eliciting testimony about you refusal, as if it didn't happen, as far as a jury is concerned. This usually forces the State to drop your charges.

Can you beat a DUI charge if you blow more than .08, the "Legal Limit"?
The answer is "Yes". The government needs much more than a number from a machine to convict you of DUI. They need real evidence to meet their burden of proof. Aside from raising the various issues related to the reliability of the breathalyzer itself, there are facts in every case that will show a jury that you were Not impaired, that the machine was not accurate. The positive aspects of your performance on the FSE's as well as other indicators that you were not impaired will be presented to the State attorney first, then to a jury. An experienced criminal trial attorney will find these facts and highlight them for the jury. By "telling your side of the story" the side of the story the government doesn't want the jury to hear as it rebuts their case. A jury can be persuaded that your performance was not as bad as the police say it was. Juries don't like hearing that the police was "hiding" something from them at a trial. There are always things a client does well even though he or she may "fail" the roadside exercises or the breath test. When placed in the right perspective, these facts that are in your favor will convince the jury not to put their faith in a machine, but into all the facts of your case instead.

DMV Hearings and Your Driver's License
Defendants only have 10 days from the arrest date to file for your formal or informal review hearing. An advantage of merely requesting a review hearing is that the license suspension is lifted until the hearing date which is roughly 30 days from when the requests is made.

Formal v Informal DMV hearings: A Formal Review Hearing simply means you are allowed to subpoena witnesses and have them testify at your hearing. An Informal hearing means that the review is limited the documents submitted by law enforcement in your case. There are advantages to either type of hearing depending on each individual case.

At the DMV hearing, you will have a chance to challenge the automatic administrative suspension imposed by the DMV. The DMV has to establish by a preponderance of the evidence (less than a reasonable doubt) that the police had probable cause to believe you were driving a vehicle while you were impaired.

There are many ways to win a DMV hearing! Challenging the legality of the traffic stop, the accuracy and reliability of all the official documentation in your case as well as the accuracy of the breathalyzer are all ways we can help you keep your license. This is important because if you take a breath test and blow over .08, your license will automatically be suspended for six months year unless you can win the DMV hearing.

If you refused the breath test, the DMV will also suspend your license for one year, 18 months if it's your second refusal. Luckily, an experienced and skillful criminal defense attorney can help you win back your license.

Sobriety Roadblocks and Checkpoints
A sobriety checkpoint is a tool that law enforcement use to evaluate random drivers for signs of drug and alcohol impairment. A sobriety checkpoint may be a stop on the road, freeway, or other public road. Law enforcement decides ahead of time what process to use when stopping vehicles (i.e. every fourth car is stopped). If you are stopped at a sobriety checkpoint, the officer may ask for your license and registration. They are primarily looking for signs of impairment. If they suspect that you are under the influence of drugs or alcohol, they will perform a chemical test and may also employ field sobriety tests or conduct a drug evaluation.

In 1990, the United States Supreme Court declared that sobriety checkpoints did not violate citizen's Fourth Amendment right against unreasonable search and seizure. They decided that when these checks are preformed with minimal intrusion under specified guidelines, the benefit of these checkpoints greatly outweighs the minor intrusion on individual's rights. Each state has adopted laws of their own regarding sobriety checkpoints. Currently, eleven states prohibit the use of sobriety roadblocks. The reason for not allowing these checks varies by state.

What signs of impairment are they looking for?
The most common signs of impairment which are looked for during a sobriety checkpoint stop are:

  • The odor of alcoholic beverages or drugs
  • Blood shot eyes
  • The presence of alcoholic containers or drug paraphernalia in the vehicle
  • Slurred or difficult speech
  • Fumbling or other physical signs of intoxication
  • Admission of drug or alcohol use
  • Inconsistent responses to answers
  • Detection of alcohol by a passive alcohol screening tool

What are my rights if I am stopped a checkpoint?
As with any routine stop, you are required to provide identifying information such as your name, address, driver's license, and registration. By law, you do not have to say anything. REMAIN SILENT. Anything you say could potentially be used against you. Admitting to drinking or consuming drugs (even in small amounts: "I just had one!") can be construed as admitting guilt. Don't say anything.

Most police officers will not tell you this, but you do NOT have to take field sobriety tests. Those are the one's where you have to walk a line, touch your nose, and do other similar stunts. These are designed for failure. You are not required by law to take these tests.

You ARE required, under implied consent laws, to submit to chemical testing of your blood, breath, or urine, at the request of an officer. These may be done, out of the flow of traffic, at the scene of the checkpoint, or you may be brought to a nearby facility for this testing. If you are not arrested after testing, you are free to leave and do not have to say anything.

Are there requirements about sobriety checkpoints? Yes, there are certain guidelines that law enforcement must follow to ensure that checkpoints do not qualify as unreasonable search and seizure. Each state uses its own specific guidelines. The following guidelines are offered by the National Highway Traffic and Safety Administration about sobriety checkpoints:

  • 1. They must be part of an ongoing program to deter drunk driving.
  • 2. They should have support from the judicial system (i.e. the district prosecutor)
  • 3. There must be established procedures for how to properly operate a checkpoint.
  • 4. The selection of checkpoints must be done in the interest of public safety and chosen for a specific objective (i.e. an unusual number of drunk driving accidents in that area)
  • 5. Drivers should be sufficiently warned of an upcoming checkpoint.
  • 6. Police presence should be obvious when approaching the checkpoint.
  • 7. The logistics of chemical testing must allow expeditious transport of suspects to a chemical test site.
  • 8. Any change in the original planning of a checkpoint must be well documented.
  • 9. Detection and investigation techniques must be well-planned and standardized. These must be performed by qualified law enforcement. Investigation must take place without impeding the flow of traffic.
  • 10. The public should be aggressively informed of sobriety checkpoints with ample warning so they can avoid them completely.
  • 11. Feedback should be requested from citizens who are stopped to help determine if the program is effective.

    • If you have been stopped at a sobriety checkpoint and feel that your rights were not upheld or that you were unlawfully searched, you may wish to contact a qualified and experienced attorney who can determine your legal rights and options. If you were charged with drunk driving after a sobriety checkpoint investigation, you need the help of a competent attorney as soon as possible.

    DUI Penalties & Fine Schedules

    Fine Schedule s. 316.193(2)(a)-(b), F.S.

    • First Conviction: Not less than $500, or more than $1,000. o Enhancement: With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
    • Second Conviction: Not less than $1,000, or more than $2,000. o Enhancement With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
    • Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. o Enhancement: With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
    • Fourth or Subsequent Conviction: Not less than $2,000.

    Community Service - s. 316.193 (6)(a), F.S. First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

    Probation - s. 316.193 (5)(6), F.S. First conviction, total period of probation and incarceration may not exceed 1 year.

    Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S. At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

    • First Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months.
    • Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
    • Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
    • Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.

    Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S. Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

    Conditions for Release of Persons Arrested for DUI- s. 316.193 (9), F.S.

    • 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.

    DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.
    DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.

    • Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).
    • Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.

      • Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

      • DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
      • DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
      • Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
      • Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

      Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.

      • A. First Conviction: Minimum 180 days revocation, maximum 1 year.
      • B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
      • C. Third Conviction Within 10 Years of the second conviction: minimum 10 years revocation. May be eligable for a hardship reinstatement after two years.
      • D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
      • E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
      • F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.

      Commercial Motor Vehicles (CMV) - Alcohol-Related Convictions/Disqualifications-s. 322.61, F.S.

      • Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above: driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. This is in addition to any provisions of s. 316.193 for DUI convictions.
      • Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle.
      • There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.

      Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.

      • First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15.
      • Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.
      • Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .15.
      • Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.
      • DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met:
      • 1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
      • 2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
      • 3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and
      • 4. Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).
      • 5. Ignition interlock device required for two years.

      Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.

      DUI School Requirements - s. 316.193 F.S., s. 322.271, F.S., s. 322.291, F.S.

      • First Conviction: 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.
      • Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Customer must complete DUI school following conviction. See requirements in 13C and 13D respectively.
      • DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): Must complete DUI school before hardship reinstatement.
      • Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide: (Minimum 3 year Revocation): See 13F
      • Defendants Who Wait Until Revocation Period Expires: Must enroll in DUI school and pass the driver license examinations to be re-licensed. Failure to complete the school within 90 days after such reinstatement will result in cancellation of the license until the school is completed.
      • Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school if ordered by the court.
      • Treatment: Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.

        • Chemical or Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S

        • Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal 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.
        • Commercial Driver License Disqualification Periods: First refusal in a commercial motor vehicle, disqualified for 1 year. Second or subsequent refusals in a commercial motor vehicle, disqualified permanently. No hardship reinstatement permitted.
        • Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.
        • Unconscious: Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle.
        • Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S., for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S.

        Adjudication and Sentencing - s. 316.656, F.S., s. 322.2615 F.S.
        Penalty to be Imposed by Court: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 greater.

        Driving While License Suspended or Revoked- s. 322.34, F.S.
        Any person whose driver license/privilege is suspended for Driving with an Unlawful Alcohol Level, or revoked for DUI, DUI Manslaughter or Vehicular Homicide, or for any other offense ordered by the court and who causes death or serious bodily injury to another person by operating a motor vehicle in a careless or negligent manner is guilty of a 3rd degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both.

        Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above
        Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.

        • First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above:6 months.
        • Second or Subsequent Suspensions 1 year.
        • First Suspension for Refusal to Submit to Breath Test: 1 year.
        • Second or Subsequent Suspensions for Refusal: 18 months.
        • The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible.

        Administrative Suspension Law - s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.

        • First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months.
        • Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year.
        • First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.
        • Second or Subsequent Suspensions for Refusal: 18 months.
        • 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.

        Administrative Disqualification Law
        First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 1 year disqualification

        • driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: 1 year disqualification
        • First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification
        • Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.
        • Second or Subsequent Disqualification of driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: Permanently disqualification
        • The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.

        Review Hearings For Administrative Suspensions And Disqualifications
        Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of Highway Safety and Motor Vehicles 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.

        Business or Employment Reinstatement:

        • 1. Suspension for Driving With an Unlawful Alcohol Level of .08 or above or Refusal: 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.
        • 2. Suspension - Persons Under Age of 21 Driving With a Breath Alcohol Level of .02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.

        Hardship License Prohibited:

        • 1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
        • 2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.