Florida DUI Laws and Penalties 316.193
76 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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 (correct)
  • 0.10 or more grams of alcohol per 100 milliliters of blood
  • 0.12 or more grams of alcohol per 100 milliliters of blood
  • 0.05 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?

  • $1,500
  • $1,000
  • $2,000 (correct)
  • Less than $500

    • What is the minimum period of imprisonment for a second conviction of driving under the influence in Florida?

  • 6 months (correct)
  • 3 months
  • 1 year
  • 9 months

    • What is the purpose of the ignition interlock device in Florida?

    <p>To prevent the driver from operating the vehicle while under the influence</p> Signup and view all the answers

    What is the consequence of having a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath?

    <p>The driver is arrested and charged with driving under the influence</p> Signup and view all the answers

    What is the minimum fine for a second conviction of driving under the influence in Florida?

    <p>$1,000</p> Signup and view all the answers

    What is the consequence of having a blood-alcohol level of 0.05 or more grams of alcohol per 100 milliliters of blood?

    <p>No consequences, as this is not a constituent element of driving under the influence</p> Signup and view all the answers

    What is the purpose of the mandatory placement of an ignition interlock device in Florida?

    <p>To prevent the driver from operating the vehicle while under the influence</p> Signup and view all the answers

    What is the requirement for an organization to conduct substance abuse education and evaluation?

    <p>It must be granted a waiver by the department</p> Signup and view all the answers

    What is the minimum duration of public service or community work for a first-time offender?

    <p>50 hours</p> Signup and view all the answers

    What is the maximum period of probation and incarceration for a first-time offender?

    <p>1 year</p> Signup and view all the answers

    When can a fine be imposed on a first-time offender in lieu of public service or community work?

    <p>If the court finds undue hardship</p> Signup and view all the answers

    What is the duration of vehicle impoundment or immobilization for a first-time offender?

    <p>10 days</p> Signup and view all the answers

    What is the minimum duration of imprisonment for a second-time offender?

    <p>10 days</p> Signup and view all the answers

    What is the duration of vehicle impoundment or immobilization for a second-time offender?

    <p>30 days</p> Signup and view all the answers

    What is the minimum duration of imprisonment for a third-time offender?

    <p>30 days</p> Signup and view all the answers

    What is the duration of vehicle impoundment or immobilization for a third-time offender?

    <p>90 days</p> Signup and view all the answers

    How often must a statistical referral report be submitted to the department?

    <p>Quarterly</p> Signup and view all the answers

    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?

    <p>$1,000</p> Signup and view all the answers

    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?

    <p>12 months</p> Signup and view all the answers

    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?

    <p>6 continuous months</p> Signup and view all the answers

    What is the term for the abuse of alcohol or any substance named or described in Schedules I through V of s. 893.03?

    <p>Substance abuse</p> Signup and view all the answers

    Who bears the full cost of the independent psychosocial evaluation conducted by an authorized substance abuse treatment provider?

    <p>The offender</p> Signup and view all the answers

    What happens if an offender referred to treatment under this subsection fails to report for or complete such treatment?

    <p>The department shall cancel the offender's driving privilege</p> Signup and view all the answers

    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?

    <p>$2,000</p> Signup and view all the answers

    What is the purpose of the psychosocial evaluation of the offender?

    <p>To determine the offender's treatment plan</p> Signup and view all the answers

    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?

    <p>24 continuous months</p> Signup and view all the answers

    Who notifies the court and the department if an offender referred to treatment under this subsection fails to report for or complete such treatment?

    <p>The DUI program</p> Signup and view all the answers

    What must the court do at the time of sentencing the defendant?

    <p>Issue an order for the impoundment or immobilization of a vehicle</p> Signup and view all the answers

    Who must receive notice by certified mail, return receipt requested, within 7 business days after the order of impoundment or immobilization is issued?

    <p>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</p> Signup and view all the answers

    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?

    <p>A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    If the court finds that the vehicle was stolen at the time of the offense, what happens to the order of impoundment or immobilization?

    <p>The order is dismissed and the owner of the vehicle will incur no costs</p> Signup and view all the answers

    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?

    <p>At least 2 years</p> Signup and view all the answers

    In what circumstance may the court dismiss the order of impoundment or immobilization of the vehicle?

    <p>If the family of the owner of the vehicle has no other private or public means of transportation</p> Signup and view all the answers

    What is the penalty for a person convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction occurred?

    <p>A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is the fine imposed for a person convicted of a fourth or subsequent violation of this section?

    <p>Not less than $2,000</p> Signup and view all the answers

    Who may request an evidentiary hearing to determine whether the impoundment or immobilization should occur?

    <p>A person who owns but was not operating the vehicle when the offense occurred</p> Signup and view all the answers

    What is a condition for dismissing the order of impoundment or immobilization of a vehicle owned by the defendant but operated solely by employees?

    <p>The vehicle is operated solely by employees of the defendant or any business owned by the defendant</p> Signup and view all the answers

    What is the penalty for a person who causes or contributes to causing damage to the property or person of another?

    <p>A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083</p> Signup and view all the answers

    What is the penalty for a person who causes or contributes to causing serious bodily injury to another?

    <p>A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What must the defendant provide to the court to dismiss the order of impoundment or immobilization?

    <p>Proof to the satisfaction of the court that a functioning, certified ignition interlock device has been installed</p> Signup and view all the answers

    What is the penalty for a person who commits DUI manslaughter?

    <p>A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084</p> Signup and view all the answers

    What is an additional option available to prosecutors and judges in order to strengthen pretrial and posttrial options?

    <p>Ordered participation in a qualified sobriety and drug monitoring program</p> Signup and view all the answers

    What is a qualified sobriety and drug monitoring program?

    <p>A program that monitors alcohol and drug use through one or more modalities</p> Signup and view all the answers

    What is the minimum mandatory term of imprisonment for a person convicted of DUI manslaughter?

    <p>4 years</p> Signup and view all the answers

    Who pays for participation in a qualified sobriety and drug monitoring program?

    <p>The defendant</p> Signup and view all the answers

    What is the definition of an 'unborn child' in the context of DUI manslaughter?

    <p>A child who is in the womb</p> Signup and view all the answers

    What is the purpose of the ignition interlock device?

    <p>To prevent a person from operating a vehicle while under the influence of alcohol</p> Signup and view all the answers

    Which of the following testing modalities should be given preference?

    <p>Those that provide the best ability to sanction a violation as close in time as reasonably feasible to the occurrence of the violation.</p> Signup and view all the answers

    What is an 'evidence-based program'?

    <p>A program that satisfies the requirements of at least two of the specified criteria.</p> Signup and view all the answers

    Who is responsible for paying the costs and fees for the impoundment or immobilization of a vehicle?

    <p>All of the above.</p> Signup and view all the answers

    What is the purpose of the bond or other adequate security posted by the owner or lienholder?

    <p>To pay for the costs and fees of the impoundment or immobilization.</p> Signup and view all the answers

    What is the consequence of not prevailing in a complaint filed by the owner or lienholder?

    <p>The owner or lienholder will have to pay the costs and fees of the impoundment or immobilization.</p> Signup and view all the answers

    What is the purpose of a residential alcoholism treatment program or a residential drug abuse treatment program?

    <p>To provide the defendant with an alternative to imprisonment.</p> Signup and view all the answers

    What is the consequence of a defendant being financially unable to pay a fine?

    <p>The defendant will be required to participate in a public service or community work project.</p> Signup and view all the answers

    What is considered a previous conviction for violation of this section?

    <p>Any of the above.</p> Signup and view all the answers

    What is the purpose of the court considering the amount of the unpaid portion of the fine and the reasonable value of the services?

    <p>To determine the additional period of time that the defendant will participate in a public service or community work project.</p> Signup and view all the answers

    What is the minimum rate at which the reasonable value of services is computed?

    <p>The federal minimum wage at the time of sentencing.</p> Signup and view all the answers

    What is the minimum period of time required to have elapsed before a person can submit an affidavit to immobilize a vehicle?

    <p>2 years</p> Signup and view all the answers

    Who is responsible for conducting a state criminal history check to ensure the person hired to immobilize a vehicle meets the requirements?

    <p>The Immobilization Agency</p> Signup and view all the answers

    What is the consequence of violating paragraph (a)?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is meant by the term 'immobilization' in this chapter?

    <p>All of the above</p> Signup and view all the answers

    What is the definition of an 'immobilization agency'?

    <p>Any person, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity</p> Signup and view all the answers

    What is the definition of 'impoundment'?

    <p>The act of storing a vehicle at a storage facility</p> Signup and view all the answers

    Who is eligible to submit an affidavit to immobilize a vehicle?

    <p>Citizens or legal resident aliens of the United States or those granted authorization to seek employment in this country</p> Signup and view all the answers

    What is the term for any individual, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity?

    <p>Person</p> Signup and view all the answers

    What is the consequence of not providing the notice to a person charged with a violation of this section?

    <p>The court's suspension or revocation of the offender's driver license is not affected.</p> Signup and view all the answers

    When can a person arrested for a violation of this section be released from custody?

    <p>All of the above.</p> Signup and view all the answers

    What is the purpose of the Department of Highway Safety and Motor Vehicles' rules?

    <p>To implement the use of ignition interlock devices.</p> Signup and view all the answers

    What is the effect of evidence of a prior conviction of driving under the influence?

    <p>It is sufficient to establish the prior conviction.</p> Signup and view all the answers

    What is required of an immobilization agency?

    <p>To provide an affidavit attesting to experience in immobilizing vehicles.</p> Signup and view all the answers

    Who can immobilize vehicles?

    <p>Only immobilization agencies that meet certain conditions.</p> Signup and view all the answers

    What is the requirement for the person who immobilizes a vehicle?

    <p>They must not have been adjudicated incapacitated.</p> Signup and view all the answers

    What is the effect of a conviction under this section on a civil suit for damages?

    <p>It does not affect a civil suit for damages.</p> Signup and view all the answers

    What is the purpose of the notice provided to a person charged with a violation of this section?

    <p>To inform the person of the potential consequences of conviction.</p> Signup and view all the answers

    What is the effect of testimony or evidence from administrative proceedings?

    <p>It is inadmissible in court.</p> Signup and view all the answers

    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.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    Test your knowledge of Florida's laws and penalties related to driving under the influence (DUI), including blood-alcohol levels, fines, and imprisonment.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser