As Florida DUI Lawyer, Will I Lose My License if I Get a DUI in Florida?

As a Florida DUI lawyer, clients frequently ask, “Will I lose my license if I get a DUI in Florida?” The short answer is that it depends. In many cases, a DUI arrest will result in some form of license suspension, but the specific details vary depending on whether it’s a first-time offense, the severity of the violation, and the steps taken afterward.

In this article, we will examine Florida’s DUI laws in detail, explore the penalties for various DUI offenses, and outline the steps individuals can take to protect their driving privileges, including the important role a Florida DUI lawyer plays in these cases.

Florida DUI Laws: An Overview

Driving under the influence (DUI) is a serious offense in Florida, governed by Florida Statute 316.193. The law prohibits operating a motor vehicle if your blood alcohol concentration (BAC) is 0.08% or higher. It also covers impairment due to controlled substances, prescription medications, and other substances that affect your ability to drive safely.

Florida DUI laws are strict, aiming to prevent impaired driving and keep roadways safe. The penalties for a DUI conviction can be severe, with consequences ranging from license suspension to hefty fines and jail time. In addition to criminal charges, drivers face administrative penalties, including immediate suspension of their license upon arrest.

Will You Lose Your License for a First-Time DUI in Florida?

For first-time DUI offenders, losing your license is a strong possibility. Florida’s laws stipulate both administrative and criminal penalties for DUI offenses, and your license can be suspended even if you are not convicted in criminal court.

• Administrative Suspension: When you are arrested for DUI in Florida, your driver’s license will be suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) immediately. This is known as administrative license suspension. If your BAC is 0.08% or higher, the suspension will last for 6 months.
• Refusing a Chemical Test: Under Florida’s Implied Consent Law, refusing to submit to a breathalyzer, blood test, or urine test will result in a 12-month license suspension. This is independent of the criminal case, and refusing a test more than once can lead to an 18-month suspension and additional charges.

Criminal Penalties and License Suspension for a First-Time DUI

In addition to the administrative suspension, first-time DUI offenders face the possibility of further penalties if convicted in criminal court. These include:

• License Suspension: A 6-month to 1-year license suspension can be imposed after a DUI conviction.
• Fines: First-time offenders face fines ranging from $500 to $1,000. If your BAC was 0.15% or higher, or if a minor was in the vehicle, fines can increase to $2,000.
• Jail Time: Although jail is often not mandatory for a first DUI offense, it is possible to face up to 6 months in jail. If aggravating factors such as a high BAC or minor passengers are present, jail time can increase to 9 months.
• Probation: Probation terms of up to 1 year are common for first-time DUI offenders.
• Ignition Interlock Device (IID): If your BAC is 0.15% or higher, or if you are convicted of a second DUI, you may be required to install an ignition interlock device in your vehicle for 6 months.

Second and Subsequent DUI Offenses: License Suspension and Penalties

If you have been convicted of DUI before, the penalties for a second or subsequent offense are significantly harsher. Florida law imposes mandatory license suspensions, longer jail sentences, and higher fines for repeat offenders.

• Second DUI Offense: If your second DUI offense occurs within 5 years of the first, you will face a mandatory 5-year license suspension. You may apply for a hardship license after serving 12 months of the suspension, but you will need to complete DUI school and potentially install an ignition interlock device.
• Third DUI Offense: A third DUI conviction within 10 years results in a 10-year license suspension. You can apply for a hardship license after 2 years, but you must meet several conditions, including completing DUI school and installing an IID.
• Fourth or Subsequent DUI: A fourth DUI offense in Florida is a felony, resulting in permanent revocation of your driver’s license. In most cases, your license will be permanently revoked, and reinstatement is highly unlikely.

Repeat DUI offenders are also subject to additional penalties, including larger fines, extended jail time, mandatory alcohol treatment programs, and community service requirements.

How a Florida DUI Lawyer Can Help You Protect Your License

If you’ve been charged with a DUI in Florida, one of the most important steps you can take is to hire a Florida DUI lawyer. An experienced attorney can provide guidance throughout the legal process and help you take the necessary steps to retain your driving privileges or reduce the length of your license suspension.

Here are some key ways a DUI lawyer can assist you:

1. Challenging the Traffic Stop: Your lawyer will review the circumstances of your DUI arrest to determine whether the police had reasonable suspicion to stop your vehicle. If the stop was unlawful, any evidence collected during the stop (including breathalyzer results) may be suppressed, leading to a reduction or dismissal of charges.
2. Filing for a Hardship License: After a DUI arrest, you have 10 days to request an administrative hearing with the DHSMV. At this hearing, your lawyer can advocate for you to receive a hardship license, which allows you to drive for work, school, and medical appointments while your case is pending.
3. Negotiating Reduced Charges: In some cases, it may be possible to negotiate a plea deal where you plead guilty to a lesser offense such as reckless driving. This can reduce the length of your license suspension and help you avoid some of the harsher penalties associated with a DUI conviction.
4. Challenging BAC Test Results: Breathalyzer tests and other chemical tests are not always reliable. Your DUI lawyer can challenge the accuracy of these tests, particularly if they were administered improperly or the testing equipment was not calibrated correctly.

Administrative License Suspension vs. Criminal License Suspension

It’s important to understand that license suspension can occur at both the administrative and criminal levels in Florida DUI cases.

• Administrative License Suspension: This is imposed by the DHSMV and occurs immediately after your arrest, regardless of the outcome of your criminal case. This suspension can last for 6 to 18 months depending on the circumstances (such as a BAC over 0.08% or refusal of a chemical test).
• Criminal License Suspension: This is imposed by the criminal court if you are convicted of DUI. A criminal suspension is separate from the administrative suspension, and the two may overlap.

In many cases, the administrative suspension can be challenged in a separate hearing, allowing you to regain limited driving privileges while your criminal case proceeds.

Obtaining a Hardship License After a DUI Arrest

If your driver’s license is suspended after a DUI arrest, you may be eligible for a hardship license. A hardship license allows you to drive for limited purposes, such as commuting to work, attending school, or seeking medical treatment.

To apply for a hardship license in Florida, you must:

1. Request an Administrative Hearing: After your arrest, you have 10 days to request a hearing with the DHSMV to contest your suspension or apply for a hardship license.
2. Complete DUI School: Before you can obtain a hardship license, you must enroll in and complete an approved DUI school program. This program will educate you about the dangers of impaired driving and may involve an evaluation for alcohol or substance abuse.
3. Install an Ignition Interlock Device (IID): For second-time or repeat offenders, you may be required to install an IID in your vehicle as a condition for obtaining a hardship license. This device requires you to pass a breathalyzer test before your vehicle will start.

The Consequences of Refusing a Breath Test

If you refuse to take a breathalyzer or other chemical test after being arrested for DUI, you will face additional penalties under Florida’s Implied Consent Law. These penalties include:

• First Refusal: Your driver’s license will be suspended for 12 months.
• Second Refusal: A second or subsequent refusal results in an 18-month license suspension, and you may be charged with a misdemeanor.

Refusing a breath test does not mean you won’t be charged with DUI. Prosecutors can still pursue DUI charges based on other evidence, such as field sobriety tests, witness testimony, and the arresting officer’s observations.

The Long-Term Impact of a DUI Conviction

In addition to the immediate penalties, a DUI conviction can have lasting consequences on your personal and professional life. These include:

• Permanent Criminal Record: A DUI conviction will remain on your criminal record permanently, which can affect your ability to obtain employment, secure housing, or even qualify for professional licenses.
• Higher Auto Insurance Rates: A DUI conviction will likely result in significantly higher auto insurance premiums. You may also be required to file an SR-22 form, which certifies that you carry the minimum liability insurance required by law.
• Impact on Personal Reputation: A DUI conviction can also harm your personal relationships and professional reputation, as some employers and colleagues may view a DUI as a sign of poor judgment.

Defending Against DUI Charges in Florida

Facing a DUI charge can be intimidating, but it’s important to remember that you have the right to legal representation and the opportunity to present a defense. Some common defenses used in DUI cases include:

• Challenging the Traffic Stop: If the police did not have reasonable suspicion to stop your vehicle, your lawyer can file a motion to suppress any evidence obtained during the stop.
• Questioning the Reliability of BAC Tests: Breathalyzer tests and other chemical tests are not infallible. Your attorney can challenge the accuracy of these tests if there are indications that the testing device was improperly maintained, calibrated, or administered.
• Proving Lack of Probable Cause: Your lawyer may argue that the arresting officer lacked probable cause to believe you were impaired, which could lead to the charges being reduced or dismissed.

Conclusion: Will You Lose Your License if You Get a DUI in Florida?

As a Florida DUI lawyer, the question of whether you will lose your license after a DUI is a critical concern. In many cases, a DUI arrest results in both administrative and criminal license suspension. However, with the help of an experienced DUI attorney, you may be able to contest the suspension, obtain a hardship license, or negotiate reduced charges that allow you to retain your driving privileges.

Understanding Florida’s DUI laws and taking proactive steps, such as completing DUI school, installing an ignition interlock device, and adhering to the conditions of your hardship license, can help you mitigate the impact of a DUI on your life and driving record.