FLORIDA TICKETS- POINTS AND SUSPENSION OF DRIVER'S LICENSE:

How do I find out how many points are on my Florida record?

Purchase a driving record. The record clearly indicates the points with details of the tickets, when the citations were issued, and where. Sanctions are based on specific number of points within a 12 month, 24 month or a 36 month period.

If I get a ticket in another state, will I receive points on my Florida driving record?

Yes, if the violation is an offense that earns points in Florida. For example, if you get a speeding ticket for going 14 miles above the speed limit outside Florida, you will earn 3 points on your Florida record. It does not matter how many points the other states would assess against their drivers-Florida treats this as though the ticket was received in Florida.

Can I go to driving school on an out of state ticket?

No. Florida drivers are not eligible to attend driving school on out-of-state tickets.

Can I elect to attend traffic school after I've already paid the ticket?

No. The election must be made when you pay the ticket.
When you are ticketed, you may earn points against your driving record, which when accumulated may cause your license to be suspended.

When you receive a ticket, take it to the local clerk of court within 30 days and

pay the ticket (paying means you are admitting guilt and the points WILL be added to your driving record) or
elect to attend driver improvement school (and bring the certificate of completion back to the court to prove you attended) or
go to court to contest the ticket.

The department is authorized to suspend the license of any person who has accumulated 12 or more points within one year. Points are calculated by the date you received the ticket.

12 points accumulated in 12 months will result in a 30 day suspension of your driving privilege.
18 points accumulated in 18 months (including points from a 12 point suspension) will result in a 3-month suspension of your driving privilege.
24 points accumulated in 36 months (including points from a 12 point and /or 18 point suspension) will result in a one-year suspension of your driving privilege.

The point system is a graduated scale of points that assigns relative values to convictions. See Point Value Table.


There are three kinds of evidence that a police officer will consider and gather in the investigation:

What kind of evidence does an officer need to arrest a motorist suspected of "drunk driving"?
(1) gross observations of behavior in general;
(2) specific observations of balance tests and the like (usually called "field sobriety tests"); and
(3) chemical test results of the motorist's blood, breath or urine.

A police officer may arrest a motorist if the cumulative effect of the evidence convinces the officer that he has "probable cause" or  "reasonable cause" to make an arrest. This is a far lower standard than the one the state must prove at trial. There the case must be proven "beyond a reasonable doubt." Although this is a high standard, it is met  every day in courts all over the country.

The officer never gave me a Miranda warning. Can I get my case dismissed?
No.  The officer is supposed to give a warning of your right to remain silent and tell you that anything you say may be used against you in a court of law (your 5th Amendment rights) and that you have a right to consult an attorney, and if you can not afford one you have a right to have a lawyer appointed for you (your 6th Amendment rights) after s/he arrests you. Sometimes officers do not. The only consequence of failing to tell you is that the prosecution cannot use any of your answers to questions asked by the police after the arrest.

Of  more consequence in most cases is the failure to advise you of the state's "implied consent" law, that is, your legal obligation to take a chemical test and the results if you refuse. This can impact the   suspension of your license.

If I was stopped for another traffic violation, can the police also arrest me for a DUI or DWI?


The original cause for the officer's stopping you need not be related to driving under the influence of alcohol or drugs.

Routine  detentions for equipment and registration compliance, such as a cracked  windshield, inoperative taillight, headlights not turned on, and so  forth, maneuvering and parking violations, and many other reasons have been held by the courts to constitute sufficient cause. If the stop was the result of racial profiling, that may give a lawyer more to work with  in an effort to have charges dismissed or reduced.


We can help with all traffic citations and infractions:

Running a red light
    Suspended or Revoked License
    DUI Defense
    Racing
    School Zone
    Leaving Scene of Accident
    Habitual Offender
    U-turn
    Seat belt violations
    Speeding
    Reckless Driving
    Drinking & Driving Violations
    Driving under the influence; penalties (FS 316.193)
    Driving Without a License / With a Suspended License
    Drivers must be licensed; penalties (FS 322.03)
    Driving Without Insurance / With Insufficient Insurance    
    Financial Responsibility (FS Chapter 324)
    Driving Without Registration / With Expired Registration    
    Expiration of registration; renewal required; penalties (FS 320.07)
    Illegal U-Turn Limitations on turning around (FS 316.1515)
    Leaving the Scene of an Accident Hit & Run   
 Crash involving death or personal injuries (FS 316.027)
Crashes involving damage to vehicle or property (FS 316.061)
Mechanical Violations State Uniform Traffic Control: Equipment
Reckless Driving  (FS 316.192)Running a Red Light / Stop Sign Traffic control signal devices (FS 316.075)Seat Belt / Child Restraint Violations Safety belt usage (FS 316.614) Child restraint requirements (FS 316.613) Speeding Unlawful speed (FS 316.183) Unlawful Vehicle Modifications    
        
               
   

CHANDLER LAW FIRM
Edward J. Chandler, Esq.
708 E. Atlantic Blvd.,
Pompano Beach, Fl 33062
(954) 788-1355

FLORIDA DEPARTMENT OF MOTOR VEHICLES FINES AND PENALTIES:

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or 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.

Fine Schedule s. 316.193(2)(a)-(b), F.S.

First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.

Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
Fourth or Subsequent Conviction: Not less than $2,000.

Community Service - s. 316.193 (6)(a), F.S.

First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Probation - s. 316.193 (5)(6), F.S.

First conviction, total period of probation and incarceration may not exceed 1 year.

Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

At 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 .15 or higher or minor in the vehicle: Not more than 9 months.

Second Conviction: Not more than 9 months. With BAL of .15 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 of Immobilization of Vehicle - s. 316.193 (6), F.S.

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.

Conditions for Release of Persons Arrested for DUI-s. 316.193 (9), F.S.

The person is no longer under the influence and;
The person's normal faculties are no longer impaired
The person's blood/breath alcohol level is lower than 0.05; or
Eight hours have elapsed from the time the person was arrested.

DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.

Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).

DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.

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.

Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).

Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.

A. First Conviction: Minimum 180 days revocation, maximum 1 year.

B. 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.

C. Third Conviction Within 10 Years of the second conviction: minimum 10 years revocation. May be eligible for a hardship reinstatement after two years.

D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

F. 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 Vehicles (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: driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance 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 Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.

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 .15.

Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.

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 .15.

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 - s. 316.193 F.S., s. 322.271, F.S., s. 322.291, F.S.

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

Customers 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)-s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S

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.

Back

Adjudication and Sentencing - s. 316.656, F.S., s. 322.2615 F.S.

Penalty to be Imposed by Court: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant's blood alcohol was .15 or greater.

Driving While License Suspended or Revoked- s. 322.34, F.S.

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 of 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 - s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.

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): 1 year disqualification
driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: 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.

Second or Subsequent Disqualification of driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: Permanently disqualification

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:

1.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.

2. 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:

1. 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.

2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.

DUI FAQ's

What is "Drunk Driving"?
What do police officers look for when searching for drunk drivers on the highways?
What is the officer looking for during the initial detention at the scene?
What kind of evidence does an officer need to arrest a motorist suspected of "drunk driving?"

The officer never gave me a Miranda warning.
Can I get my case dismissed?

If I was stopped for another traffic violation, can the police also arrest me for a DUI or DWI?

What is "drunk driving"?
Drunk driving, sometimes called driving while intoxicated (DWI) or driving under the influence (DUI), has two meanings:

Driving with a blood alcohol level over the state's maximum permissible blood  alcohol limit. The limit for adults is either 0.08% or 0.10%. As of October 2000, the following 19 jurisdictions used the 0.08% standard to define drunken or impaired driving: Alabama, California, the District of Columbia, Florida, Hawaii, Idaho, Illinois, Kansas, Kentucky, Maine, New Hampshire, New Mexico, North Carolina, Oregon, Texas, Utah, Virginia, Vermont, and Washington State. All other states used 0.10% except Massachusetts and South Carolina which do not use numerical limits.

You may also be guilty of DUI / DWI for driving when your physical abilities are impaired by drugs or a combination of drugs and alcohol. In the eyes of the law, it makes no difference whether the drug is legal or illegal, prescription or over-the-counter. If taking that drug impacts your senses of seeing, hearing, talking, walking and/or judging distances, you may be guilty of a drunk driving offense.


What do police officers look for when searching for drunk drivers on the highways?
The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based
 upon research conducted by the National Highway Traffic Administration:

(1)    Turning with a wide radius;
(2)    Straddling center of lane marker;
(3)    "Appearing to be drunk";
(4)    Almost striking object or vehicle;
(5)    Weaving;
(6)    Driving on other than designated highway;
(7)    Swerving;
(8)    Speed more than 10 mph below limit;
(9)    Stopping without cause in traffic lane;
(10)    Following too closely;
(11)    Drifting;
(12)    Tires on center or lane marker;
(13)    Braking erratically;
(14)    Driving into opposing or crossing traffic;
(15)    Signaling inconsistent with driving actions;
(16)    Slow response to traffic signals;
(17)    Stopping inappropriately (other than in lane);
(18)    Turning abruptly or illegally;
(19)    Accelerating or decelerating rapidly;
(20)    Headlights off.

Speeding, incidentally, is not a symptom of DUI; in some circumstances it may suggest quicker reflexes

The traditional symptoms of intoxication taught at the police academies are:
What is the officer looking for during the initial detention at the scene?
(1)    Flushed face;
(2)    Red, watery, glassy and/or bloodshot eyes;
(3)    Odor of alcohol on breath;
(4)    Slurred speech;
(5)    Fumbling with wallet trying to get license;
(6)    Failure to comprehend the officer's questions;
(7)    Staggering when exiting vehicle;
(8)    Swaying/instability on feet;
(9)    Leaning on car for support;
(10)    Combative, argumentative, jovial or other "inappropriate" attitude;
(11)    Soiled, rumpled, disorderly clothing;
(12)    Stumbling while walking;
(13)    Disorientation as to time and place;
(14)    Inability to follow directions.



 Content copyright 2017. Law office of Edward J. Chandler, P.A. All rights reserved.