76 Questions
What is the blood-alcohol level that constitutes driving under the influence in Florida?
0.08 or more grams of alcohol per 100 milliliters of blood
What is the maximum fine for a first conviction of driving under the influence in Florida?
$2,000
What is the minimum period of imprisonment for a second conviction of driving under the influence in Florida?
6 months
What is the purpose of the ignition interlock device in Florida?
To prevent the driver from operating the vehicle while under the influence
What is the consequence of having a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath?
The driver is arrested and charged with driving under the influence
What is the minimum fine for a second conviction of driving under the influence in Florida?
$1,000
What is the consequence of having a blood-alcohol level of 0.05 or more grams of alcohol per 100 milliliters of blood?
No consequences, as this is not a constituent element of driving under the influence
What is the purpose of the mandatory placement of an ignition interlock device in Florida?
To prevent the driver from operating the vehicle while under the influence
What is the requirement for an organization to conduct substance abuse education and evaluation?
It must be granted a waiver by the department
What is the minimum duration of public service or community work for a first-time offender?
50 hours
What is the maximum period of probation and incarceration for a first-time offender?
1 year
When can a fine be imposed on a first-time offender in lieu of public service or community work?
If the court finds undue hardship
What is the duration of vehicle impoundment or immobilization for a first-time offender?
10 days
What is the minimum duration of imprisonment for a second-time offender?
10 days
What is the duration of vehicle impoundment or immobilization for a second-time offender?
30 days
What is the minimum duration of imprisonment for a third-time offender?
30 days
What is the duration of vehicle impoundment or immobilization for a third-time offender?
90 days
How often must a statistical referral report be submitted to the department?
Quarterly
What is the minimum fine for a person convicted of a violation of subsection (1) with a blood-alcohol level or breath-alcohol level of 0.15 or higher for a first conviction?
$1,000
What is the maximum imprisonment period for a person convicted of a violation of subsection (1) with a blood-alcohol level or breath-alcohol level of 0.15 or higher for a second conviction?
12 months
What is the duration of the mandatory placement of an ignition interlock device for a person convicted of a violation of subsection (1) with a blood-alcohol level or breath-alcohol level of 0.15 or higher for a first offense?
6 continuous months
What is the term for the abuse of alcohol or any substance named or described in Schedules I through V of s. 893.03?
Substance abuse
Who bears the full cost of the independent psychosocial evaluation conducted by an authorized substance abuse treatment provider?
The offender
What happens if an offender referred to treatment under this subsection fails to report for or complete such treatment?
The department shall cancel the offender's driving privilege
What is the minimum fine for a person convicted of a violation of subsection (1) with a blood-alcohol level or breath-alcohol level of 0.15 or higher for a second conviction?
$2,000
What is the purpose of the psychosocial evaluation of the offender?
To determine the offender's treatment plan
What is the duration of the mandatory placement of an ignition interlock device for a person convicted of a violation of subsection (1) with a blood-alcohol level or breath-alcohol level of 0.15 or higher for a second offense?
24 continuous months
Who notifies the court and the department if an offender referred to treatment under this subsection fails to report for or complete such treatment?
The DUI program
What must the court do at the time of sentencing the defendant?
Issue an order for the impoundment or immobilization of a vehicle
Who must receive notice by certified mail, return receipt requested, within 7 business days after the order of impoundment or immobilization is issued?
The registered owner of each vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the vehicle
What is the penalty for a person convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction?
A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
If the court finds that the vehicle was stolen at the time of the offense, what happens to the order of impoundment or immobilization?
The order is dismissed and the owner of the vehicle will incur no costs
What is the minimum period of time an ignition interlock device must be installed on all vehicles owned or operated by a person convicted of a third violation of this section?
At least 2 years
In what circumstance may the court dismiss the order of impoundment or immobilization of the vehicle?
If the family of the owner of the vehicle has no other private or public means of transportation
What is the penalty for a person convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction occurred?
A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What is the fine imposed for a person convicted of a fourth or subsequent violation of this section?
Not less than $2,000
Who may request an evidentiary hearing to determine whether the impoundment or immobilization should occur?
A person who owns but was not operating the vehicle when the offense occurred
What is a condition for dismissing the order of impoundment or immobilization of a vehicle owned by the defendant but operated solely by employees?
The vehicle is operated solely by employees of the defendant or any business owned by the defendant
What is the penalty for a person who causes or contributes to causing damage to the property or person of another?
A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083
What is the penalty for a person who causes or contributes to causing serious bodily injury to another?
A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What must the defendant provide to the court to dismiss the order of impoundment or immobilization?
Proof to the satisfaction of the court that a functioning, certified ignition interlock device has been installed
What is the penalty for a person who commits DUI manslaughter?
A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What is an additional option available to prosecutors and judges in order to strengthen pretrial and posttrial options?
Ordered participation in a qualified sobriety and drug monitoring program
What is a qualified sobriety and drug monitoring program?
A program that monitors alcohol and drug use through one or more modalities
What is the minimum mandatory term of imprisonment for a person convicted of DUI manslaughter?
4 years
Who pays for participation in a qualified sobriety and drug monitoring program?
The defendant
What is the definition of an 'unborn child' in the context of DUI manslaughter?
A child who is in the womb
What is the purpose of the ignition interlock device?
To prevent a person from operating a vehicle while under the influence of alcohol
Which of the following testing modalities should be given preference?
Those that provide the best ability to sanction a violation as close in time as reasonably feasible to the occurrence of the violation.
What is an 'evidence-based program'?
A program that satisfies the requirements of at least two of the specified criteria.
Who is responsible for paying the costs and fees for the impoundment or immobilization of a vehicle?
All of the above.
What is the purpose of the bond or other adequate security posted by the owner or lienholder?
To pay for the costs and fees of the impoundment or immobilization.
What is the consequence of not prevailing in a complaint filed by the owner or lienholder?
The owner or lienholder will have to pay the costs and fees of the impoundment or immobilization.
What is the purpose of a residential alcoholism treatment program or a residential drug abuse treatment program?
To provide the defendant with an alternative to imprisonment.
What is the consequence of a defendant being financially unable to pay a fine?
The defendant will be required to participate in a public service or community work project.
What is considered a previous conviction for violation of this section?
Any of the above.
What is the purpose of the court considering the amount of the unpaid portion of the fine and the reasonable value of the services?
To determine the additional period of time that the defendant will participate in a public service or community work project.
What is the minimum rate at which the reasonable value of services is computed?
The federal minimum wage at the time of sentencing.
What is the minimum period of time required to have elapsed before a person can submit an affidavit to immobilize a vehicle?
2 years
Who is responsible for conducting a state criminal history check to ensure the person hired to immobilize a vehicle meets the requirements?
The Immobilization Agency
What is the consequence of violating paragraph (a)?
Misdemeanor of the first degree
What is meant by the term 'immobilization' in this chapter?
All of the above
What is the definition of an 'immobilization agency'?
Any person, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity
What is the definition of 'impoundment'?
The act of storing a vehicle at a storage facility
Who is eligible to submit an affidavit to immobilize a vehicle?
Citizens or legal resident aliens of the United States or those granted authorization to seek employment in this country
What is the term for any individual, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity?
Person
What is the consequence of not providing the notice to a person charged with a violation of this section?
The court's suspension or revocation of the offender's driver license is not affected.
When can a person arrested for a violation of this section be released from custody?
All of the above.
What is the purpose of the Department of Highway Safety and Motor Vehicles' rules?
To implement the use of ignition interlock devices.
What is the effect of evidence of a prior conviction of driving under the influence?
It is sufficient to establish the prior conviction.
What is required of an immobilization agency?
To provide an affidavit attesting to experience in immobilizing vehicles.
Who can immobilize vehicles?
Only immobilization agencies that meet certain conditions.
What is the requirement for the person who immobilizes a vehicle?
They must not have been adjudicated incapacitated.
What is the effect of a conviction under this section on a civil suit for damages?
It does not affect a civil suit for damages.
What is the purpose of the notice provided to a person charged with a violation of this section?
To inform the person of the potential consequences of conviction.
What is the effect of testimony or evidence from administrative proceedings?
It is inadmissible in court.
Study Notes
Driving Under the Influence (DUI)
- A person is guilty of DUI if they are driving or in actual physical control of a vehicle within the state and:
- Are under the influence of alcoholic beverages, chemical substances, or controlled substances
- Have a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood
- Have a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath
Penalties for DUI
- First conviction:
- Fine of not less than $500 or more than $1,000
- Imprisonment for not more than 6 months
- Second conviction:
- Fine of not less than $1,000 or more than $2,000
- Imprisonment for not more than 9 months
- Third conviction:
- Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
- Mandatory placement of an ignition interlock device for at least 2 years
- Fourth or subsequent conviction:
- Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
- Fine of not less than $2,000
Enhancements
- If the person had a blood-alcohol level or breath-alcohol level of 0.15 or higher:
- Fine increased by $1,000 to $2,000
- Imprisonment increased by 6 months
- If the person was accompanied by a person under the age of 18:
- Fine increased by $1,000 to $2,000
- Imprisonment increased by 6 months
DUI Manslaughter
- If the person causes the death of any human being or unborn child:
- Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
- Mandatory minimum term of imprisonment of 4 years
Probation and Treatment
- The court shall place all offenders on monthly reporting probation
- The court shall require completion of a substance abuse course conducted by a DUI program licensed by the department
- The court may order participation in a qualified sobriety and drug monitoring program
Impoundment or Immobilization
-
The court shall order the impoundment or immobilization of the vehicle operated by the defendant
-
The impoundment or immobilization shall be for a period of 10 days or for the unexpired term of any lease or rental agreement
-
The owner of the vehicle may request a review of the impoundment or immobilization### Penalties for Driving Under the Influence
-
Any time spent in a program must be credited by the court towards the prison term.
-
Previous convictions for driving under the influence, driving while intoxicated, or similar offenses are considered previous convictions.
Fines and Public Service
- If a defendant is financially unable to pay a fine, the court may order public service or a community work project in lieu of payment.
- The court determines the reasonable value of services based on the unpaid portion of the fine and the federal minimum wage.
Suspension of Driver's License
- Upon conviction, the court may suspend or revoke the offender's driver's license.
- The clerk must provide notice of potential suspension or revocation at the arraignment.
Release from Custody
- A person arrested for driving under the influence may not be released until they are no longer under the influence, their blood-alcohol level is less than 0.05, or 8 hours have elapsed since the arrest.
Ignition Interlock Devices
- The Department of Highway Safety and Motor Vehicles is directed to adopt rules for the implementation of ignition interlock devices.
Previous Convictions
- If the Department of Highway Safety and Motor Vehicles' records show a previous conviction, that evidence is sufficient to establish the prior conviction.
- However, such evidence may be contradicted or rebutted by other evidence.
Immobilization Agencies
- Immobilization agencies must meet certain conditions, including providing a signed affidavit attesting to their experience and record-keeping.
- Personnel who immobilize vehicles must meet certain requirements, including not having been adjudicated incapacitated or having a criminal history.
Definitions
- "Immobilization" means the act of installing a vehicle anti-theft device, placing a tire lock or wheel clamp, or taking physical possession of the license tag and vehicle registration.
- "Immobilization agency" means any person or entity that meets the conditions of subsection (13).
- "Impoundment" means the act of storing a vehicle at a storage facility pursuant to an order of impoundment or immobilization.
Test your knowledge of Florida's laws and penalties related to driving under the influence (DUI), including blood-alcohol levels, fines, and imprisonment.
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