Florida DUI Laws 316.193 7/16/2024
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Questions and Answers

What is the minimum blood-alcohol level for a person to be guilty of driving under the influence?

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

    • What is the maximum fine for a first conviction of driving under the influence?

  • $500
  • $1,000
  • $2,000 (correct)
  • $5,000

    • What is the minimum imprisonment term for a second conviction of driving under the influence?

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

    • What is required for a person convicted of a second driving under the influence offense?

    <p>Mandatory placement of an ignition interlock device for at least 1 year</p> Signup and view all the answers

    What is the purpose of the ignition interlock device?

    <p>To prevent the vehicle from starting if the driver is under the influence</p> Signup and view all the answers

    What happens to the portion of the fine exceeding $500 for a first conviction?

    <p>It is remitted to the Department of Revenue</p> Signup and view all the answers

    What is the breath-alcohol level that defines driving under the influence?

    <p>0.08 or more grams of alcohol per 210 liters of breath</p> Signup and view all the answers

    What is a condition of being under the influence of a chemical substance or controlled substance?

    <p>The person's normal faculties are impaired</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 term 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 purpose of the mandatory placement of an ignition interlock device?

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

    What is the duration of the ignition interlock device placement for a first offense?

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

    What is the condition of reporting probation for an offender convicted of violating this section?

    <p>Completing a substance abuse course</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 cancels the offender's driving privilege</p> Signup and view all the answers

    What is the definition of 'substance abuse' in this section?

    <p>The abuse of any substance named or described in Schedules I through V of s. 893.03</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 appointed by the court?

    <p>The offender</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 third or subsequent conviction?

    <p>$4,000</p> Signup and view all the answers

    What happens to the portion of a fine imposed in excess of $1,000 pursuant to subparagraph (a)1?

    <p>It is remitted to the Department of Revenue</p> Signup and view all the answers

    What is the penalty for a third violation of this section for an offense that occurs within 10 years after a prior conviction?

    <p>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 consequence of a fourth or subsequent violation of this section?

    <p>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 penalty for causing serious bodily injury to another while operating a vehicle?

    <p>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 penalty for DUI manslaughter?

    <p>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 the mandatory minimum term of imprisonment for DUI manslaughter?

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

    What is the condition for a felony of the first degree for DUI manslaughter?

    <p>Both A and B</p> Signup and view all the answers

    What is the purpose of the ignition interlock device?

    <p>To monitor and enforce sobriety</p> Signup and view all the answers

    What is the duration of the ignition interlock device placement for a third violation within 10 years?

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

    What is the fine for a third violation of this section that occurs more than 10 years after the date of a prior conviction?

    <p>Not less than $2,000 or more than $5,000</p> Signup and view all the answers

    What is the consequence of causing damage to the property or person of another while operating a vehicle?

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

    Under what condition may an organization conducting substance abuse education and evaluation provide required substance abuse treatment?

    <p>If it is licensed under chapter 397 or exempt from licensure</p> Signup and view all the answers

    What is the maximum period of probation that a court may impose on a defendant for a first conviction?

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

    What is the minimum number of hours of public service or community work that a defendant must participate in for a first conviction?

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

    What is the minimum period of impoundment or immobilization of a vehicle for a first conviction?

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

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

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

    What is the period of impoundment or immobilization of all vehicles owned by the defendant for a second conviction?

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

    What is the minimum period of imprisonment for a third or subsequent conviction of driving under the influence?

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

    What is the period of impoundment or immobilization of all vehicles owned by the defendant for a third or subsequent conviction?

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

    Who submits a statistical referral report quarterly to the department?

    <p>Each organization authorized to provide services</p> Signup and view all the answers

    What is the purpose of the quarterly statistical referral report submitted to the department?

    <p>To evaluate service provider performance</p> Signup and view all the answers

    When can the impoundment or immobilization of a vehicle occur?

    <p>Concurrently with the incarceration of the defendant</p> Signup and view all the answers

    What is required to be included in the order of impoundment or immobilization?

    <p>The name and telephone numbers of all immobilization agencies</p> Signup and view all the answers

    Who may submit a police report to the court to dismiss the order of impoundment or immobilization?

    <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 if the vehicle was stolen?

    <p>The vehicle was stolen and the sale was not made to circumvent the order and allow the defendant continued access to the vehicle</p> Signup and view all the answers

    What can the court also dismiss if the family of the owner of the vehicle has no other private or public means of transportation?

    <p>The order of impoundment or immobilization of the vehicle</p> Signup and view all the answers

    What may be ordered by the court if deemed appropriate?

    <p>A qualified sobriety and drug monitoring program</p> Signup and view all the answers

    What is required to be sent by certified mail, return receipt requested, within 7 business days after the date that the court issues the order of impoundment or immobilization?

    <p>A notice to 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 a condition for dismissing the order of impoundment or immobilization if the vehicle was purchased after the offense was committed?

    <p>The sale was made from an entity other than the defendant or the defendant's agent</p> Signup and view all the answers

    What is the minimum confinement period required by the statute?

    <p>48 hours</p> Signup and view all the answers

    What may also be dismissed by the court?

    <p>The order of impoundment or immobilization of any vehicles that are owned by the defendant but that are operated solely by the employees of the defendant or any business owned by the defendant</p> Signup and view all the answers

    What is the purpose of a qualified sobriety and drug monitoring program?

    <p>To provide evidence-based monitoring for alcohol and drug use</p> Signup and view all the answers

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

    <p>The owner of the vehicle or the person leasing or renting the vehicle</p> Signup and view all the answers

    What is required for a program to be considered an evidence-based program?

    <p>It must satisfy the requirements of at least two of the specified criteria</p> Signup and view all the answers

    What is the purpose of the testing modalities in a qualified sobriety and drug monitoring program?

    <p>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 happens when an owner or lienholder posts a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization?

    <p>The vehicle is released to the owner or lienholder</p> Signup and view all the answers

    What is a condition for a defendant to serve a term of imprisonment in a residential alcoholism treatment program or a residential drug abuse treatment program?

    <p>The court must deem it appropriate</p> Signup and view all the answers

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

    <p>Convictions for driving under the influence, driving while intoxicated, or any other similar alcohol-related or drug-related traffic offense</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 ensure the payment of costs and fees for impoundment or immobilization</p> Signup and view all the answers

    What happens when an owner or lienholder files a complaint in the county in which the owner resides?

    <p>The court reviews the case and may release the vehicle</p> Signup and view all the answers

    What is a requirement for the release of the vehicle to the owner or lienholder?

    <p>The owner or lienholder must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or its contents</p> Signup and view all the answers

    What may the court order a defendant to do in lieu of paying a fine if they are financially unable to pay?

    <p>Participate in a public service or community work project for a specified additional period of time</p> Signup and view all the answers

    What is the minimum rate at which the court may compute the reasonable value of services ordered in lieu of paying a fine?

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

    What is a consequence of being convicted under this section?

    <p>Suspension or revocation of the offender's driver license</p> Signup and view all the answers

    What is a condition for releasing a person arrested for a violation of this section?

    <p>The person is no longer under the influence or their blood-alcohol level is less than 0.05</p> Signup and view all the answers

    What is inadmissible in any trial for a violation of this section?

    <p>Testimony or evidence from administrative proceedings or written statements submitted by a person in their request for administrative review</p> Signup and view all the answers

    What is the Department of Highway Safety and Motor Vehicles directed to adopt?

    <p>Rules providing for the implementation of the use of ignition interlock devices</p> Signup and view all the answers

    What is sufficient by itself to establish a prior conviction for driving under the influence?

    <p>The records of the Department of Highway Safety and Motor Vehicles showing a prior conviction</p> Signup and view all the answers

    What may be considered along with evidence of a prior conviction for driving under the influence?

    <p>Other evidence presented in deciding whether the defendant has been previously convicted</p> Signup and view all the answers

    Who may immobilize vehicles in a judicial circuit?

    <p>Only immobilization agencies that meet the conditions of this subsection</p> Signup and view all the answers

    What notice must the clerk provide to a person charged with a violation of this section?

    <p>Notice that the court may suspend or revoke the offender's driver license</p> Signup and view all the answers

    What does the term 'impoundment' refer to in relation to vehicles?

    <p>The act of storing a vehicle at a storage facility pursuant to an order of impoundment or immobilization.</p> Signup and view all the answers

    What is the minimum penalty for a person who is convicted of causing serious bodily injury to another while operating a vehicle?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the consequence of failing to give information and render aid as required by s. 316.062 after a crash?

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

    What is the penalty for DUI manslaughter?

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

    What is the penalty for a person who is convicted of a violation of subsection (1) and has a blood-alcohol level or breath-alcohol level of 0.15 or higher?

    <p>Fine of not less than $1,000 or more than $2,000</p> Signup and view all the answers

    What must an immobilization agency provide to the clerk of the court?

    <p>A signed affidavit stating that the agency has verifiable experience in immobilizing vehicles.</p> Signup and view all the answers

    What is the duration of the ignition interlock device placement for a person convicted of a violation of subsection (1)?

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

    What happens to the portion of a fine imposed in excess of $1,000 pursuant to subparagraph (a)1?

    <p>It is remitted to the Department of Revenue for deposit into the General Revenue Fund</p> Signup and view all the answers

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

    <p>The person must be a citizen or legal resident alien of the United States.</p> Signup and view all the answers

    What must an immobilization agency maintain for at least 3 years?

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

    What is the maximum imprisonment term 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>Not more than 12 months</p> Signup and view all the answers

    Who bears the full cost of the mandatory placement of an ignition interlock device?

    <p>The convicted person</p> Signup and view all the answers

    What is the consequence of violating paragraph (a)?

    <p>A misdemeanor of the first degree.</p> Signup and view all the answers

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

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

    What is meant by 'immobilization'?

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

    What must an immobilization agency conduct to ensure that the person hired to immobilize a vehicle meets the requirements?

    <p>A state criminal history check through the Florida Department of Law Enforcement.</p> Signup and view all the answers

    What is an immobilization agency?

    <p>Any person, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity that meets all of the conditions of subsection (13).</p> Signup and view all the answers

    What is the minimum period of continuous months for which a convicted person's vehicle is impounded or immobilized for a first offense?

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

    What is the minimum period of continuous years for which a convicted person's vehicle is impounded or immobilized for a second offense?

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

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

    <p>The person must not have been adjudicated incapacitated under s. 744.331.</p> Signup and view all the answers

    What is a consequence of violating the conditions and restrictions?

    <p>A misdemeanor of the first degree.</p> Signup and view all the answers

    What is the purpose of the court-ordered substance abuse course conducted by a DUI program licensed by the department?

    <p>To educate the offender about substance abuse</p> Signup and view all the answers

    What is the condition of reporting probation for an offender convicted of violating this section?

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

    What must an immobilization agency maintain for each immobilization?

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

    What happens if an offender fails to report for or complete substance abuse treatment?

    <p>The offender's driving privilege is cancelled</p> Signup and view all the answers

    Who conducts the independent psychosocial evaluation if the offender requests a waiver from treatment?

    <p>An authorized substance abuse treatment provider appointed by the court</p> Signup and view all the answers

    Who bears the full cost of the independent psychosocial evaluation?

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

    What is the purpose of the substance abuse education and evaluation?

    <p>To evaluate the offender's substance abuse problem</p> Signup and view all the answers

    What is the minimum period of probation for a defendant convicted of a violation of subsection (1)?

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

    What is the minimum number of hours of public service or community work that a defendant must participate in for a first conviction?

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

    Under what condition may the court order a defendant to pay a fine instead of performing public service or community work?

    <p>If the defendant's residence or employment obligations create an undue hardship</p> Signup and view all the answers

    What is the total period of probation and incarceration that may not be exceeded?

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

    For a second conviction, what is the minimum period of imprisonment required?

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

    What is the period of impoundment or immobilization of all vehicles owned by the defendant for a third or subsequent conviction?

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

    When must the impoundment or immobilization of a vehicle not occur?

    <p>Concurrently with the incarceration of the defendant</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 may submit a police report to the court to dismiss the order of impoundment or immobilization?

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

    What is the minimum confinement period required by the statute?

    <p>48 hours</p> Signup and view all the answers

    What must be included in the order of impoundment or immobilization?

    <p>The name and telephone numbers of all immobilization agencies</p> Signup and view all the answers

    Within how many business days after the date that the court issues the order of impoundment or immobilization must the clerk of the court send notice?

    <p>7 business days</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>The owner of the vehicle or the person leasing or renting the vehicle</p> Signup and view all the answers

    What happens if the impoundment or immobilization order is dismissed?

    <p>The owner of the vehicle is not required to pay the costs and fees</p> Signup and view all the answers

    What must be paid directly to the person impounding or immobilizing the vehicle?

    <p>The costs and fees for the impoundment or immobilization</p> Signup and view all the answers

    What may be required of a defendant in satisfaction of a fine imposed pursuant to this section?

    <p>Public service or a community work project</p> Signup and view all the answers

    What may be filed by the owner of a vehicle that is impounded or immobilized under this paragraph?

    <p>A complaint to determine whether the vehicle was wrongfully taken or withheld</p> Signup and view all the answers

    Under what circumstances may the court dismiss the order of impoundment or immobilization of a vehicle?

    <p>If the vehicle was stolen or purchased after the offense was committed</p> Signup and view all the answers

    What must be posted with the court in order to release the vehicle?

    <p>A bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization</p> Signup and view all the answers

    What is required to be credited by the court toward the term of imprisonment?

    <p>Any time spent in a residential alcoholism treatment program or a residential drug abuse treatment program</p> Signup and view all the answers

    What is the purpose of a qualified sobriety and drug monitoring program?

    <p>To monitor alcohol and drug use in participants</p> Signup and view all the answers

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

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

    What may be ordered by the court if deemed appropriate?

    <p>Impoundment or immobilization of the vehicle</p> Signup and view all the answers

    What is a condition for dismissing the order of impoundment or immobilization?

    <p>The vehicle was purchased after the offense was committed</p> Signup and view all the answers

    What happens if the court finds that the vehicle was stolen or that the sale was not made to circumvent the order and allow the defendant continued access to the vehicle?

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

    Under what circumstances may the court also dismiss the order of impoundment or immobilization of a 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 must be sent by certified mail, return receipt requested, within 7 business days after the date that the court issues the order of impoundment or immobilization?

    <p>A notice of the impoundment or immobilization</p> Signup and view all the answers

    What is required for a qualified sobriety and drug monitoring program to be evidence-based?

    <p>It must satisfy at least two of the requirements, including inclusion in the federal registry, peer-reviewed journal reports, or documentation as effective by informed experts</p> Signup and view all the answers

    Who bears the full cost of the qualified sobriety and drug monitoring program?

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

    What may the court order, if deemed appropriate, in addition to the ignition interlock device requirement?

    <p>A qualified sobriety and drug monitoring program</p> Signup and view all the answers

    What is a condition for dismissing the order of impoundment or immobilization of a vehicle if the vehicle was purchased after the offense was committed?

    <p>The purchaser had no relationship to the defendant and the purchase was made without knowledge of the offense</p> Signup and view all the answers

    Who may order that a person participate in a qualified sobriety and drug monitoring program?

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

    Under what conditions may a person arrested for driving under the influence be released from custody?

    <p>Until the person has been in custody for at least 8 hours.</p> Signup and view all the answers

    What is the effect of failure to provide notice of suspension or revocation of a driver license?

    <p>The court's suspension or revocation of the offender's driver license is unaffected.</p> Signup and view all the answers

    What is the purpose of the Department of Highway Safety and Motor Vehicles' rules regarding ignition interlock devices?

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

    What is the effect of evidence showing a defendant has been previously convicted of driving under the influence?

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

    Who may immobilize vehicles if the circuit court or the sheriff do not?

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

    What is the status of testimony or evidence from administrative proceedings in a criminal proceeding?

    <p>It is admissible only if timely disclosed in criminal discovery.</p> Signup and view all the answers

    What is the effect of records from the Department of Highway Safety and Motor Vehicles showing a defendant's prior conviction?

    <p>It is sufficient evidence of the prior conviction, but may be contradicted or rebutted by other evidence.</p> Signup and view all the answers

    What is the purpose of the rules adopted by the Department of Highway Safety and Motor Vehicles regarding ignition interlock devices?

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

    What is required for a program to be considered an evidence-based program?

    <p>The program is included in the federal registry of evidence-based programs and practices.</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>The owner of the vehicle or the person leasing or renting the vehicle</p> Signup and view all the answers

    What can the owner or lienholder do within 10 days after having knowledge of the location of the vehicle?

    <p>File a complaint in the county where the owner resides</p> Signup and view all the answers

    What is required to ensure the payment of costs and fees if the owner or lienholder does not prevail?

    <p>Posting a bond or other adequate security</p> Signup and view all the answers

    What applies to the costs and fees for the impoundment or immobilization?

    <p>All provisions of s. 713.78</p> Signup and view all the answers

    What can the court do if the owner or lienholder does not prevail?

    <p>Order the owner or lienholder to pay the costs and fees</p> Signup and view all the answers

    Who can file a complaint to determine whether the vehicle was wrongfully taken or withheld?

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

    What is the purpose of the complaint filed by the owner or lienholder?

    <p>To determine whether the vehicle was wrongfully taken or withheld</p> Signup and view all the answers

    What is meant by 'immobilization' in the given context?

    <p>The act of installing a vehicle antitheft device on the steering wheel of a vehicle</p> Signup and view all the answers

    What is an 'immobilization agency'?

    <p>An organization that meets all the conditions of subsection (13)</p> Signup and view all the answers

    What is 'impoundment'?

    <p>The act of storing a vehicle at a storage facility pursuant to an order of impoundment or immobilization</p> Signup and view all the answers

    What is meant by 'person' in the given context?

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

    What is the purpose of an order of impoundment or immobilization?

    <p>To prevent any person from operating the vehicle</p> Signup and view all the answers

    What is the result of an order of impoundment or immobilization?

    <p>The vehicle is rendered legally inoperable</p> Signup and view all the answers

    What happens when the bond is posted and the fee is paid as set forth in s. 28.24?

    <p>The clerk of the court issues a certificate releasing the vehicle.</p> Signup and view all the answers

    What must the owner or lienholder do at the time of vehicle release?

    <p>Provide a receipt to the towing or storage company indicating any loss or damage to the vehicle or its contents.</p> Signup and view all the answers

    What is a possible sentence for a defendant convicted of DUI?

    <p>Participation in a residential alcoholism treatment program or a residential drug abuse treatment program.</p> Signup and view all the answers

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

    <p>A conviction for a violation of s. 327.35 or a previous conviction for a similar alcohol-related or drug-related traffic offense.</p> Signup and view all the answers

    What may the court order in lieu of payment of a fine?

    <p>Participation in a public service or community work project.</p> Signup and view all the answers

    What is not admissible in any criminal proceeding?

    <p>Evidence from the administrative proceedings or any written statement submitted by a person in their request for administrative review.</p> Signup and view all the answers

    What is the purpose of the notice provided by the clerk of the court at arraignment?

    <p>To advise the defendant that the court may suspend or revoke their driver license upon conviction.</p> Signup and view all the answers

    When may a person arrested for DUI be released from custody?

    <p>After the person is no longer under the influence and their blood-alcohol level or breath-alcohol level is less than 0.05, or 8 hours have elapsed from the time of arrest.</p> Signup and view all the answers

    What is directed to adopt rules providing for the implementation of the use of ignition interlock devices?

    <p>The Department of Highway Safety and Motor Vehicles.</p> Signup and view all the answers

    What is inadmissible in evidence or for any other purpose in any criminal proceeding?

    <p>Testimony or evidence from administrative proceedings or any written statement submitted by a person in their request for administrative review, unless timely disclosed in criminal discovery.</p> Signup and view all the answers

    What is sufficient by itself to establish a prior conviction for driving under the influence?

    <p>Evidence from the Department of Highway Safety and Motor Vehicles</p> Signup and view all the answers

    Who is responsible for immobilizing vehicles in a judicial circuit if personnel of the circuit court or the sheriff do not?

    <p>Immobilization agencies that meet the conditions of this subsection</p> Signup and view all the answers

    What must an immobilization agency maintain for at least 3 years?

    <p>Accurate and complete records of all payments for the immobilization</p> Signup and view all the answers

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

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

    What is the penalty for violating paragraph (a) of the immobilization agency conditions?

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

    What must an immobilization agency conduct to ensure that the person hired to immobilize a vehicle meets the requirements?

    <p>A state criminal history check through the Florida Department of Law Enforcement</p> Signup and view all the answers

    Who is responsible for submitting a signed affidavit to the clerk of the court?

    <p>The immobilization agency</p> Signup and view all the answers

    What is required for each immobilization?

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

    What is the penalty for a person who violates the requirements for immobilizing a vehicle?

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

    What is the condition for a person who immobilizes a vehicle to meet?

    <p>They must not have been adjudicated incapacitated under s. 744.331</p> Signup and view all the answers

    Study Notes

    Penalties for Driving Under the Influence

    • A person is guilty of driving under the influence (DUI) if they are driving or in actual physical control of a vehicle within Florida and:
      • Under the influence of alcoholic beverages, chemicals, or controlled substances to the extent that normal faculties are impaired
      • 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 First, Second, and Third Convictions

    • First conviction:
      • Fine: 500to500 to 500to1,000
      • Imprisonment: up to 6 months
    • Second conviction:
      • Fine: 1,000to1,000 to 1,000to2,000
      • Imprisonment: up to 9 months
      • Mandatory ignition interlock device installation for at least 1 year
    • Third conviction (within 10 years of prior conviction):
      • Felony of the third degree
      • Fine: 2,000to2,000 to 2,000to5,000
      • Imprisonment: up to 12 months
      • Mandatory ignition interlock device installation for at least 2 years

    Penalties for Fourth or Subsequent Convictions

    • Felony of the third degree
    • Fine: $2,000
    • Imprisonment: up to 12 months
    • Mandatory ignition interlock device installation for at least 2 years

    Additional Penalties

    • If blood-alcohol level is 0.15 or higher, or if there is a passenger under the age of 18:
      • Fine: 1,000to1,000 to 1,000to2,000 for first conviction, 2,000to2,000 to 2,000to4,000 for second conviction
      • Imprisonment: up to 9 months for first conviction, up to 12 months for second conviction
    • If the offender causes damage to property or person, or causes serious bodily injury or death:
      • Misdemeanor of the first degree or felony of the third degree
      • Fine: up to $1,000
      • Imprisonment: up to 1 year
    • If the offender causes death, they commit DUI manslaughter and face:
      • Felony of the first degree
      • Imprisonment: up to 15 years
      • Mandatory sentence of 4 years

    Probation and Treatment

    • Court may place offender on monthly reporting probation and require completion of a substance abuse course
    • Offender must assume reasonable costs for education, evaluation, and treatment
    • Failure to complete treatment or education may result in cancellation of driving privilege

    Vehicle Impoundment or Immobilization

    • Court may order impoundment or immobilization of vehicle for 10 days for first conviction, 30 days for second conviction, and 90 days for third or subsequent conviction
    • Impoundment or immobilization must not occur concurrently with incarceration
    • Owner of vehicle may request dismissal of impoundment or immobilization order if vehicle was stolen or purchased after the offense was committed
    • Court may also dismiss order if family of owner has no other means of transportation or if defendant provides proof of ignition interlock device installation### Vehicle Impoundment and Immobilization
    • A vehicle can be impounded or immobilized if the owner or lienholder fails to comply with the court's orders, including payment of costs and fees for impoundment or immobilization.
    • To release the vehicle, the owner or lienholder must post a bond or security equal to the amount of costs and fees, and pay a fee as set forth in s. 28.24.

    Sentencing and Penalties

    • A defendant may be required to serve part of their sentence in a residential alcoholism or drug abuse treatment program.
    • Fines can be reduced or converted to community service or public work if the defendant is financially unable to pay.

    Driving Under the Influence (DUI)

    • A conviction for DUI is considered a previous conviction for violation of this section, even if it occurred out of state.
    • A person convicted of DUI may be required to install an ignition interlock device on their vehicle.

    Impoundment and Immobilization of Vehicles

    • The court may order impoundment or immobilization of a vehicle for a period of time, including 10 days for a first conviction, 30 days for a second conviction, and 90 days for a third or subsequent conviction.
    • The impoundment or immobilization order must include the name and telephone numbers of all immobilization agencies meeting the conditions of subsection (13).
    • The clerk of the court must send notice by certified mail to the registered owner of the vehicle and any person of record claiming a lien against the vehicle.

    Conditions for Immobilization Agencies

    • An immobilization agency must meet certain conditions, including:
      • Providing a signed affidavit stating that the agency has verifiable experience in immobilizing vehicles.
      • Maintaining accurate and complete records of all payments and documents related to each immobilization.
      • Employing and assigning persons to immobilize vehicles who meet certain requirements, including not being adjudicated incapacitated or having certain criminal convictions.

    Definitions

    • "Immobilization" means the act of installing a vehicle antitheft device, placing a tire lock or wheel clamp, or a governmental agency taking physical possession of the license tag and vehicle registration.

    • "Immobilization agency" means any person, firm, company, agency, organization, partnership, corporation, association, trust, or other business 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.### Vehicle Impoundment or Immobilization

    • A person who owns but was not operating the vehicle when the offense occurred can submit a police report or documentation to the court indicating that the vehicle was stolen at the time of the offense or purchased after the offense from an entity other than the defendant or the defendant's agent.

    • If the court finds that the vehicle was stolen or the sale was not made to circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed, and the owner of the vehicle will incur no costs.

    Evidentiary Hearing

    • If the court denies the request to dismiss the order of impoundment or immobilization, the petitioner may request an evidentiary hearing to determine whether the impoundment or immobilization should occur.
    • The court may also dismiss the order of impoundment or immobilization if the petitioner proves that the vehicle was stolen or purchased without knowledge of the offense, and the purchase would not circumvent the order and allow the defendant continued access to the vehicle.

    Exceptions to Impoundment or Immobilization

    • The court shall also dismiss the order of impoundment or immobilization of the vehicle if the court finds that the family of the owner of the vehicle has no other private or public means of transportation.
    • The court may also dismiss the order of impoundment or immobilization of any vehicles that are owned by the defendant but that are operated solely by the employees of the defendant or any business owned by the defendant.
    • The court may also dismiss the order of impoundment or immobilization if the defendant provides proof that a functioning, certified ignition interlock device has been installed upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person.

    Ignition Interlock Device and Sobriety Program

    • The court may order a person to participate in a qualified sobriety and drug monitoring program, in addition to the ignition interlock device requirement, to strengthen pretrial and post-trial options available to prosecutors and judges.
    • Participation in the program shall be at the person's sole expense.
    • The program may monitor alcohol or drugs through various modalities, including breath testing, continuous transdermal alcohol monitoring, or random blood, breath, urine, or oral fluid testing.

    Costs and Fees

    • All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased or rented, by the person leasing or renting the vehicle, unless the impoundment or immobilization order is dismissed.
    • The costs and fees for the impoundment or immobilization must be paid directly to the person impounding or immobilizing the vehicle.

    Release of Vehicle

    • The person who owns a vehicle that is impounded or immobilized under this paragraph may, within 10 days after the date that person has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld from the owner or lienholder.
    • Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization.

    Evidence-Based Programs

    • An evidence-based program is a program that satisfies the requirements of at least two of the following:
    • Included in the federal registry of evidence-based programs and practices
    • Reported in a peer-reviewed journal as having positive effects on the primary targeted outcome
    • Documented as effective by informed experts and other sources

    Impoundment or Immobilization

    • Costs and fees for impoundment or immobilization must be paid by the owner of the vehicle or, if leased or rented, by the person leasing or renting the vehicle
    • Costs and fees must be paid directly to the person impounding or immobilizing the vehicle
    • If the impoundment or immobilization order is dismissed, the costs and fees do not need to be paid

    Release of Vehicle

    • The owner or lienholder may file a complaint in the county where they reside to determine whether the vehicle was wrongfully taken or withheld
    • Upon filing a complaint, the owner or lienholder may have the vehicle released by posting a bond or other adequate security equal to the amount of costs and fees for impoundment or immobilization
    • When the bond is posted, the clerk of the court shall issue a certificate releasing the vehicle

    Review of Impoundment

    • The person who owns a vehicle that is impounded or immobilized may, within 10 days, file a complaint to determine whether the vehicle was wrongfully taken or withheld
    • The owner or lienholder may have the vehicle released by posting a bond or other adequate security equal to the amount of costs and fees for impoundment or immobilization

    Sentencing

    • A defendant may be required to serve a term of imprisonment in a residential alcoholism treatment program or a residential drug abuse treatment program
    • Any time spent in such a program must be credited by the court toward the term of imprisonment

    Convictions

    • A conviction under this section does not bar any civil suit for damages against the person so convicted
    • Any conviction for a violation of this section is considered a previous conviction for violation of this section

    Notice of Arraignment

    • At the arraignment, the clerk shall provide notice that upon conviction, the court shall suspend or revoke the offender's driver license

    Arrest

    • A person arrested for a violation of this section may not be released from custody until:
    • They are no longer under the influence of alcoholic beverages, a chemical substance, or a substance controlled under chapter 893
    • Their blood-alcohol level or breath-alcohol level is less than 0.05
    • 8 hours have elapsed from the time of arrest

    Ignition Interlock Devices

    • The Department of Highway Safety and Motor Vehicles is directed to adopt rules providing for the implementation of the use of ignition interlock devices

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    Description

    This quiz covers the laws and penalties related to driving under the influence in the state of Florida. It includes information on the definition of DUI, the substances that can impair driving, and the consequences of conviction.

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