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California DUI Guide: Lawyers, Attorneys and Drunk Driving Defense Laws Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States California Topics California DUI California Car Insurance California DUI Lawyers California DUI Library FREE Ride Home ScooterPatrol ScooterPatrol is a non-profit organization that transports potential drunk drivers home in their own vehicles free, thus making the streets a safer place for everyone. Google Search Results California DUI Information One question I get more than any other is: "What will happen to me in the court on my first offense for DUI?" If you talk to an attorney there are all sorts of variables they will consider. They usually will not give you a clear answer. After ten years of working with first offenders I can tell you within a general framework of what MOST DUI (VC23152) first offenders receive in the 10 county Bay Area. In Court $1200 fine. 3 years probation (informal - no probation officer). 3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.) OR 90 license restriction (to start AFTER 4 months DMV suspension is over). First Offender School (12 hrs/ 32 hrs / 45 hrs (3 month or 6 months) depending on blood alcohol levels. If the charge is reduced to a ' wet reckless ' the fine is lower and the course is only 12 hours. BUT If you want a restricted license, the DMV requires a completion certificate for a first offender program. A first offender program is 3 months long (sometimes the county makes it 4 months long). So, here is the catch 22. The court tells you to do a 12 hour program BUT the DMV has NO forms for a 12 month program and ONLY accepts completion forms for a 32 hour program! Get it? If you've got a 'wet-reckless' then you have to complete a 3 month program to get your license from the DMV! This is in addition to the four months immediate DMV suspension that starts 30 days after your DUI stop. The Complication These two ACTIONS (court and DMV) are SEPARATE and do not influence one another. Many times someone gets their license back by going to the DMV hearing and then is convicted in the court. When this happens what happens to your license gets ever more 'complicated'. And the reverse is true, people are innocent in the court and yet still have a license suspension with the DMV. With the conviction in the court you are allowed to get a restricted license AFTER a 30 day hard suspension (after the 30 day temporary license period is over = two months after you DUI stop). This allows you to drive to and from work and in the course of your employment and to and from the DUI class. The only 'draw back' to the license restriction is that it is restricted for 5 months (they say 6 but the DMV counts the first month of suspension). OR you can ride out the 4 months suspension period and get you license back. BUT, once the court notifies the DMV that you have been convicted of a DUI or a wetreckless and as part of your probation you have been sent to a First Offender Program. The requirement to show proof of completion of the program will be added to the list of items needed (Proof of Insurance SR-22 and pay $100) to get your license returned. DMV Hearings The suspension will be 'stayed' for six months or until the hearing is held. The driver will have a license BUT if the person loses the hearing (and most do since only 7% of the licenses are returned!). If the driver loses the hearing then the 4 month suspension will go into effect and after a hard 30 days suspension a 5 month restricted license, driving to and from work, could be issued. Home > State By State Help > California DUI DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute All Rights Reserved Send eMail Advertise With Us
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Drunk Driving LawCalifornia Drunk Driving Law Center - Lectures - The DUI Exception to the Constitution Site Map :: Disclaimer California DUI Laws and Legal Information The DUI Exception to the Constitution Lawrence Taylor Click Here to Listen ... been a law professor. He specializes in drunk driving as an attorney. Welcome Larry. Thank you, Gene. Thank you. Thank for the invitation to speak and to appear and take part in this really exciting gathering. I’ve been looking forward to this for quite a time. Particularly, I’ve been looking forward to coming and listening to my—one of my personal heroes, Charles Murray, speak. And I did listen to him this morning and I was certainly not disappointed—well, maybe a little disappointed. After 27 years of being an attorney and finding out I have absolutely no social value is disappointing, but then I guess Abraham Lincoln would have been disappointed too. We can all just hope and pray very strongly that Mr. Murray is never arrested by a police officer, wrongly or otherwise and forced to confront the powers, overwhelming resources of the state in front of a jury of his peers. Or if he does, let us hope and pray that he knows a very good physician or accountant to defend him. I hope to convin—is this working? It doesn’t sound like it—I’m getting any—I hope to convince you in the next hour, some of you, convince some of you, in the next hour that the greatest single threat to our freedoms, the freedoms set forth in our Bill of Rights to our constitution. The single greatest threat is not from China. I don’t think it’s from Choostan. I don’t think it’s from the extremists of the Muslim world. The threat as it has always been throughout history is internal. It is from within. I do not think it is from the American Communist party or extremists on the right. I hope to convince a few of you the greatest single threat to our freedoms today is a group of American housewives. They call themselves the Mothers Against Drunk Driving, MADD. I am fully aware that some of you belong to MADD. And I am certainly not here to make fun. Many of you who are in MADD are—have had tragic losses at the hands of drunk drivers. Others of you here do not belong to MADD, but you have contributed to MADD and many more of you here, perhaps most of you here, are in complete sympathy with their goals and their activities. But I hope to convince you after one hour that you might want to reassess your view of that particular organization. And I do not take them lightly in terms of their intentions. But we know that throughout history it is the well-intentioned zealots—those who believe strongly in the rightness of their cause—that are most willing to impose those ideas upon others. I do not, by the way, for a moment suggest that we should legalize drunk driving. I'm going to make that clear at the outset. But it is the true believer who is the greatest threat. And I should at the outset acknowledge my tremendous debt to Mr. Eric Hoffer who wrote that book, The True Believer. He was a longshoreman when I was going to school at Berkeley in the 60’s. Did not have a high school education, but he was teaching Philosophy at the University of California Berkeley and wrote this tremendous little jewel of a book that has been terribly influential in my own thinking. I would like you to imagine for a moment that you’ve gone to a friend’s house for dinner. In the course of a very good dinner you’ve had a couple of glasses of a good Petit Serah and it is now time to drive home. I would like you to imagine that you are on your way home—and, I will tell you parenthetically, by the way, that two glasses of wine will not, in any state, put you under the influence of alcohol or over the legal limit of .08, or .10 depending on your home state. As you are driving along the highway, you see ahead of you some flashing lights and barricades and police cars accordioned across the highway, with flashing lights directing you into an increasingly small channel. And, as you go in, you are stopped and two police officers approach you and stick a flashlight in your face and say, "Breath on me. Have you been drinking tonight? Please step out of the car." Some of you say, "Well that can’t happen in the United States. We have the Fourth Amendment to the constitution, which says, 'police officers have to have probable cause to stop you. They have to have a reason to believe you’ve done something criminal before they can stop and detain you.'" And so said the Michigan Supreme Court in the case of Sitz vs. Michigan. The Supreme Court of Michigan said, "The Fourth Amendment does not permit these types of roadblocks." And reversed the DUI conviction. They went up to the United States Supreme Court, unfortunately and that august body decided 5 to 4 that somewhere in the constitution there is something called a DUI Exception. And in a 5 to 4 vote sent it back to Michigan saying there is no violation here. What’s interesting is the Michigan Supreme Court, bless them, for there are fewer and fewer of them, said, "Well, if you will not protect our citizens in the state of Michigan from this kind of police conduct, we will. And we again reverse the conviction and this time we rely upon our own state constitution." (Applause) The state of Washington and three other states have followed suit. In 46 states today it is legal to stop you for absolutely no reason other than the fact that you are driving a car. But only to check you out for drunk driving. You have been stopped, you have been taken out of the car and you have been handcuffed. You are placed in a police vehicle and you are on your way back to the police station. About this time you’re probably wondering—I’ve seen this TV show somewhere—they’re supposed to read me something aren’t they? Something called Miranda? Aren’t I supposed to have a right for an attorney? A right to remain silent? Because, as you’re driving, the officer's asking you all kinds of questions. Like, "Where have you been?" "Where are you coming from?" "How much have you had to drink?" "How long ago was it?" "When was the last drink?" "Do you feel the effects?" "Where are you now?" "What time is it?" Well, again, a state Supreme Court said, "Hey, this person’s handcuffed under arrest, you’ve got to advise him of his constitutional rights under Miranda." And again, it went to the United States Supreme Court in the case of Birkemer vs. McCarty in 1984. The Michigan vs. Sitz case was 1990, by the way. In Birkemer vs. McCarty, the [United] States Supreme Court fooled around for about 20 or 30 pages of opinion and finally concluded that there was a DUI exception to the constitution. And that, "Well, we really can’t tell you when you’re supposed to give Miranda in a DUI case. We do know that it is later than in other types of criminal investigations." So, U.S. Supreme Court has told us we don’t know when Miranda is supposed to be given in DUI cases, but it is clearly some time later. Return to Lectures Previous | Page 1 of 8 | Next Home :: DUI FAQ's :: Drivers Guide :: Lawyer's Guide :: DUI Research :: DUI Checkpoints The DUI Officer :: DUI Books :: Audio Lectures :: DUI Nationally :: DUI Firms This site is hosted and maintained by: Law.Net ® Return to Top © 1998 Lawrence Taylor :: All Rights Reserved
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blood alcohol levels. Acknowledgments Test Blood Alcohol Level (BAL) Calculator Warning!!! These calculators provide an estimate of your BAL based onpopulation averages and they may not be able to calculate yourBAL at any specific time. We do not recommend that you risk yourdriver's license or your life and the lives of others by usingthem to determine your fitness to drive a car or perform any other task. Simple Widmark Method. You can provide your ownWidmark Constant if you like, but if you don't, we assume .75 formales and .66 for females. The drinker Typicalwoman,Widmark constant = 0.66 Typical man,Widmark constant = 0.75 Other Widmarkconstant Weight in kg or in pounds (fill either blank) The drinks Typical Canadian beer -- 12 oz, 5 % alcohol by volume Typical Lite beer -- 12 oz, 4 % alcohol by volume Typical American beer -- 12 oz, 4.4 % alcohol by volume Typical liquor, 80-proof, by the ounce-and-a-quarter shot. Typical liquor, 80-proof, by the ounce. Wine -- 2.5 oz, 12 % alcohol by volume The drinking How many drinks? How much time in minutes between starting each drink? to get back to this page simply click the "Back" arrow on your browser. More complicated method. This method is similar tothe Widmark method above, but provides a more accurate estimationof body water based on weight, height and, in males, age. The drinker Woman Man Weight in kg or in pounds (fill either blank) Height in cm or else in feet and inches For men, age in years Estimate of alcohol metabolism rate, in mg / 100 ml blood / hour: 10 mg/100 ml blood per hour (slow) 15 mg/100 ml blood per hour (average) 20 mg/100 ml blood per hour (fast) The drinks Typical Canadian beer -- 12 oz, 5 % alcohol by volume Typical Lite beer -- 12 oz, 4 % alcohol by volume Typical American beer -- 12 oz, 4.4 % alcohol by volume Typical liquor, 80-proof, by the ounce-and-a-quarter shot. Typical liquor, 80-proof, by the ounce. Wine -- 2.5 oz, 12 % alcohol by volume The drinking How many drinks? How much time in minutes between starting each drink? References and details of calculation . Tutorial on calculating blood alcohol levels. Acknowledgments . Find out more about thePsychology Department at Memorial University of Newfoundland. HMS Beagle's Web Pick of the Day , March 12-ish, 1998. This page is http://dogsbody.psych.mun.ca/Tools/BAL/ A. Earle, 1997. (coding) W. A. McKim, 1997. (text)
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DUI school, apply to Law Resources in Florida- Florida DUI Laws Law Offices of Jeffrey N. Ivashuk, P.A. Attorneys at Law 727 N.E. 3rd Avenue, Suite 201 Fort Lauderdale, Fl 33304 Phone: 954-768-0988 - Toll Free: 800-403-2056 Florida DUI Laws When arrested in Florida for a DUI, there are really two cases at issue. One being the Administrative portion (FDHSMV) and the second being the Criminal aspect (Court). We will try to help guide you through the differences of each: If you have been arrested for DUI, and you refused to take a breath, blood or urine test, OR if you took the test and your result is 0.08% or higher, you have only 10 days to request a special hearing with the FDHSMV to save your license. Failure to timely request a hearing will result in at least a six-month suspension (and as much as an 18-month suspension) of your Florida driving privileges. Under Florida law, DUI is one offense, that can be proved in one of two ways: drunk driving can be proved by impairment of normal faculties, or unlawful blood alcohol or breath alcohol level of .08% or above. Florida DUI penalties upon conviction are the same, regardless of the manner in which the offense is proven. The consequences for a Florida DUI are serious and far-reaching. They include fines, jail, and administrative license suspensions from the court. They also can include license suspensions, separate and apart from those imposed by the court, which are imposed by FDHSMV. Detailed information about each of these consequences follows below. Call this office with any of your questions immediately upon your or a loved ones arrest. Fines in Florida DUI Cases Fines for Florida DUI convictions can range from a minimum of $250, to a maximum of $2,000, depending upon whether the case is a first-offense DUI, and upon other aggravating factors. First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000. Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000. Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000. Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000. Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle, not less than $2,000. Community service is mandatory for a first conviction of DUI (50 hours), or an additional fine or a buy out fee of $10 for each hour of community service required. For a first-offense DUI, the total period of probation and jail may not exceed one year. Jail in Florida DUI Cases At the 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 .20 or higher or minor in the vehicle: Not more than 9 months. Second Conviction: Not more than 9 months. With BAL of .20 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 or immobilization of vehicle 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. Felony DUI Repeat Offenders or Accidents Involving Serious Bodily Injury. 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. Driver License Revocation Periods for DUI First Conviction: Minimum 180 days revocation, maximum 1 year. 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. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above. Fourth Conviction (Regardless of When Prior Convictions Occurred), and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years. 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 Vehicle (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 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 / Employment Purposes Only Reinstatements 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 .20 or higher, or for two years if BAL is greater than .20. Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/2003. 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 .20. 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 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 Individuals 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) 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. Driving While License Suspended or Revoked 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 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 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): 6 months disqualification. Second or Subsequent Disqualification of Driving a Commercial Motor Vehicle With an Unlawful Alcohol Level (.04 or above): 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. 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: 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. 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: 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. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle return to top home | about us | resources | services | contact us | view more articles
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DUI / DWI, Drinking 
