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DUI PENILTIES

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Under Florida law, Driving Under the Influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one offense, proved by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above.

 

The penalties upon conviction are the same, regardless of the manner in which the offense is proven.Each conviction for DUI, after the first, increase the penalties. Having breath or blood alcohol content of .15 or above will enhance the penalties. Having a minor in the vehicle will increase the penalties and the possibility of the driver facing a felony charge of child neglect or abuse. DUI with damage to property or person will increase the penalties.

 

A conviction for DUI will require the Driver to purchase FR-44 insurance. Most insurance companies require the premiums to be paid six (6) months in advance.

 

FR-44A DUI arrest will result in an administrative suspension of your license. The law enforcement officer will take your license and you are permitted to drive on the DUI citation for 10 days from the date on your DUI citation. You must carry the DUI citation with you while operating a motor vehicle. During that 10 days you have the option to request an administrative suspension hearing or waive that hearing. If the event is a first DUI and there was no prior refusal to take the breath test you will be eligible for a Business Purpose License (BPO) right away. If you request a hearing and you are not successful and took the breath test you may apply for a BPO license after 30 days. If you refused the breath test you may apply for a BPO license after 90 days.

 

If this is a second or subsequent arrest for DUI or you have refused the breath test in the past you are NOT eligible for a BPO license.

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