Individuals always have the right to refuse a blood, breath, or chemical test upon an arrest. However when a test reveals a blood alcohol content level to be above 0.08 percent, then the individual has ten days to request a hearing that will defend his or her driver’s license.
If no hearing is requested then the individual will most often have his or her driver’s license suspended for a minimum of six months or a maximum of eighteen months. Punishments under Florida DUI offenses include jail time, fines, and license suspension.
DUI Punishments
Fines for DUI offenses can include a minimum fine of two hundred fifty dollars up to a maximum of two thousand dollars. Multiple DUI convictions will increase the current convictions of an individual. A second offense will receive up to five hundred dollars in fines and up to nine months in jail. Any offense that is a fourth or subsequent offense will be punished by no less than one thousand dollars in fines and no more than five years of incarceration. Fines and jail time can increase if a minor was in the vehicle at the time of the arrest or if the arrest constituted violent behavior.
First-time offenders will often receive community service of no less than fifty hours. Probationary periods will be placed for no less than one year in first-time circumstances. Drug abuse programs will normally be mandatory following a DUI conviction. In some states prior DUI convictions cannot count towards current charges after five years have passed. In Florida a third conviction in a ten-year period will cause increased punishments.
Driving Under the Influence Felonies
Driving under the influence charges can increase to felony offenses under two circumstances. The first circumstance is where a fourth or subsequent DUI conviction is accompanied by a third-degree felony offense. This is also accompanied by a third DUI conviction in less than ten years. The second circumstances is where another individual was seriously injured or a violent felony accompanied driving while intoxicated. These usually include third-degree felony acts. In both of these cases a five thousand-dollar fine can be instituted with or without a five-year incarceration sentence.
DUI School
When an individual is convicted of a DUI offense, he or she is required to attend DUI school. If an individual is required to attend DUI school depends on his or her prior offenses. Most often individuals are given a specific time require that the school must be completed in. If the requirements are not met then the individual is required to take a full licensing test again before his or her license can be reinstated.
Minors and DUI Offenses
Minors can receive DUI charges under lesser instances than adults. Anyone under the age of twenty-one with a blood alcohol content level over 0.02 percent will be issued a DUI charge. Minors will then lose their licenses for up to six months on a first offense and up to one year on a second offense or subsequent offense. Minors may also have their driver’s licenses suspended if they refuse a breath test.
