Florida's Driving Under the Influence Statutory Penalties
as published by the Florida Department of Highway Safety & Motor Vehicles

Summary of Florida DUI Law and
Administrative Suspensions

This information is provided by the State of Florida, Department of Highway Safety and Motor Vehicles [DMV], form HSMV 72000 (Rev. 07/2002)S and updated periodically by this site's webmaster.  This information is for the most part accurate however note the perspective that DMV takes towards the Courts and drivers "accused" of DUI - it is quite disturbing when it is viewed from the United States' idea that all people are innocent until proven guilty in a court of law.

1. DUI ( Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). §316.193 Fla. Stat.  Under Florida law, DUI is an offense proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of 0.08 or above.  The penalties upon conviction are the same, regardless of the manner in which the offense was proven.
2. FINE SCHEDULE §316.193(2)(a)-(b), Fla. Stat.
   A.    First Conviction: Not less than $250 or more than $500.
           With Blood/Breath Alcohol Level [BAL] of 0.20 or higher or minor in the vehicle: Not less than $500 or more than $1,000.
   B.    Second Conviction: Not less than $500 or more than $1000.
           With BAL of 0.20 or higher or minor in the vehicle: Not less than $1000 or more than $2,000.
   C.    Third Conviction (More than 10 years from prior): Not less than $1,000 or more than $2,500.  With BAL of 0.20 or higher or minor in vehicle, not less than $2,000.
   D.    Third Conviction (Within 10 years of prior): Not more than $5,000.  With BAL of 0.20 or higher or minor in the vehicle, not less than $2,000.
   E.    Fourth or subsequent conviction: Not less than $1,000.  With a BAL of 0.20 or higher or minor in the vehicle, not less than $2,000.
3. IGNITION INTERLOCK DEVICE: Mandatory one year for second DUI. Mandatory 2 years for third DUI.
4. COMMUNITY SERVICE §316.193(6)(a), Fla. Stat.
   First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
5. PROBATION §316.193(5)-(6), Fla. Stat.
   First conviction: Total period of incarceration and probation may not exceed one year.
6. INCARCERATION §316.193(2)(a)2, (4)(b), (6)(j), Fla. Stat.
   At the Court's discretion, sentencing terms may be served in a residential substance abuse treatment program, credited toward term of incarceration.
   A.    First Conviction: Not more than 6 months.  With BAL of 0.20 or higher or minor in vehicle, not more than 9 months.
   B.    Second Conviction:  Not more than 9 months.  With BAL of 0.20 or higher or minor in vehicle, not more than 12 months.  If second arrest within 5 years of first conviction mandatory minimum incarceration of 10 days with at least 48 hours consecutive.
   C.    Third Conviction more than 10 years from prior:  Not more than 12 months. If third arrest within 10 years of earlier conviction mandatory minimum incarceration of 30 days (Maximum 5 years) with at least 48 hours consecutive.
   D.    Fourth or Subsequent Conviction:  Not more than 5 years or as provided in §775.084, Fla. Stat. as habitual/violent offender.
7. IMPOUNDMENT OR IMMOBILIZATION OF VEHICLE §316.193(6), Fla. Stat.
   Unless the family of the defendant has no other transportation or the vehicle is used by the defendant's business or the vehicle is a rental vehicle the following applies:
   A.    First Conviction: 10 days.
   B.    Second Conviction (within 5 years): 30 days.
   C.    Third Conviction (within 10 years): 90 days.
   Impoundment or immobilization must not occur concurrently with incarceration.
8. CONDITIONS FOR RELEASE OF PERSONS ARRESTED FOR DUI §316.193(9), Fla. Stat.
   A.    The person is no longer under the influence, and;
   B.    The person's normal faculties are no longer impaired, or;
   C.    The person's blood/breath alcohol level is lower than 0.05, or;
   D.    Eight Hours have elapsed from the time the person was arrested.
9. DUI MISDEMEANOR CONVICTION:  (Accident involving property damage or personal injury) §316.193(3), Fla. Stat.
   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).
10. DUI FELONY CONVICTION: (Repeat Offenders or Accidents Involving Serious Bodily Injury) §316.193(2), (3), Fla. Stat.
    A.    Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more that $5,000 fine and/or 5 years imprisonment).
    B.    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 §775.084, Fla. Stat.
11. MANSLAUGHTER AND VEHICULAR HOMICIDE §316.193(3), Fla. Stat.
    A.    DUI/MANSLAUGHTER: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
    B.    DUI/MANSLAUGHTER/LEAVING THE SCENE:  A driver convicted of DUI manslaughter who knew or 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).
    C.    VEHICULAR HOMICIDE:  Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
    D.    VEHICULAR HOMICIDE/LEAVING THE SCENE:  A driver convicted of Vehicular Homicide who left the scene of the accident is guilty of a first degree felony (not more than $10,000 fine and/or 30 years imprisonment).
12. DRIVER LICENSE REVOCATION PERIODS FOR DUI §§322.271 and 322.28(2), Fla. Stat.
    A.    FIRST CONVICTION:  Minimum 180 days revocation, maximum 1 year.
    B.    SECOND CONVICTION WITHIN 5 YEARS: Minimum 5 years revocation.  Eligible for hardship reinstatement after 1 year.
    C.    SECOND CONVICTION OUTSIDE OF 5 YEARS:  Same as A above.
    D.    THIRD CONVICTION WITHIN 10 YEARS OF PRIOR DUI CONVICTION:  Minimum 10 years revocation.  Eligible for hardship reinstatement after 2 years.
    E.    THIRD CONVICTION OUTSIDE OF 10 YEARS OF OTHERS:  Same as A above.
    F.    FOURTH CONVICTION (REGARDLESS OF WHEN OTHERS OCCURRED) OR MURDER WITH MOTOR VEHICLE:  Mandatory permanent revocation.  No hardship reinstatement.
    G.    DUI MANSLAUGHTER:  Mandatory permanent revocation.  If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
    H.    MANSLAUGHTER, DUI SERIOUS BODILY INJURY, OR VEHICULAR HOMICIDE:  Minimum 3 year revocation.  DUI Serious Bodily Injury having prior DUI conviction same as B-G above.
13. COMMERCIAL MOTOR VEHICLES - ALCOHOL RELATED CONVICTIONS/DISQUALIFICATIONS §322.61, Fla. Stat.
    A.    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 driving a Commercial Motor Vehicle for a period of 1 year.  This is in addition to any provisions of §316.193, Fla. Stat. for DUI convictions.
    B.    Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification of operating a Commercial Motor Vehicle.
    C.    There are no provisions for persons disqualified from operating a Commercial Motor Vehicle to obtain a hardship license to operate a Commercial Motor Vehicle.
14. BUSINESS PURPOSES ONLY/EMPLOYMENT PURPOSES ONLY REINSTATEMENTS §§322.271 and 322.28, Fla. Stat.
    A.    FIRST CONVICTION:  Must complete DUI school, apply to department for hearing for possible hardship reinstatement.  Mandatory ignition interlock device for six months for BAL of 0.20 or higher, effective July, 2003.
    B.    SECOND CONVICTION (OR MORE):  No hardship license except as provided below.  Mandatory ignition interlock device for one year, effective July, 2003.  Mandatory ignition interlock device for two years for BAL of 0.20 or higher, effective July, 2003.
    C.    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.
    D.    THIRD CONVICTION WITHIN 10 YEARS: (10 year revocation) May apply for hardship reinstatement hearing after 2 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 devise for 2 years, effective July, 2003.
    E.    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 termination of incarceration provided the following requirements have been met - The driver:
        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 have completed 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 the  cancellation of the hardship license).
    F.    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.
15. DUI PROGRAM REQUIREMENTS §§316.193, 322.271 and 322.291, Fla. Stat.
    A.    First Conviction:  Must complete DUI program before hardship reinstatement.  Drivers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed.  If driver enrolls and is reinstated after revocation period expires, failure to complete the DUI program within 90 days after reinstatement will result in license cancellation.  The driver then cannot be re-licensed until DUI program is completed.
    B.    Second Conviction within 5 years of first (5 year revocation) or Third Conviction within 10 years of last DUI (10 year revocation):  Driver must complete DUI program following conviction.  See requirements in 13C and 13D respectively.
    C.    DUI Manslaughter with no prior DUI related conviction: (Permanent revocation):  Must complete DUI program before hardship reinstatement.
    D.    Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide:  See 13F above.
    E.    Drivers Who Wait Until Revocation Period Expires:  Must enroll in DUI program and pass the driver license examinations to be re-licensed.  Ffailure to complete the DUI program within 90 days after reinstatement will result in license cancellation.
    F.    Reckless Driving:  If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substance contributed to a violation for reckless driving, the person convicted of reckless driving must complete the DUI program if ordered by the court.
    G.    Treatment: Treatment resulting from a psychosocial evaluation may not be waived without supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.
16. CHEMICAL OR PHYSICAL TEST PROVISIONS  §§316.1932, 316.1933, 316.1934 and 316.1939, Fla. Stat.
    A.    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 second degree.
    B.    Driver License Suspension Periods:  First refusal, suspended for one year.  Second or subsequent refusals, suspended for 18 months.
    C.    Commercial Driver's 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.
    D.    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.
    E.    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.
    F.    Portable Alcohol Breath Testing Devices:  Authorized by §322.2616, Fla. Stat., for persons under the age of 21.  Reading is admissible as evidence in any administrative hearing conducted under §322.2616, Fla. Stat.
17. ADJUDICATION AND SENTENCING  §§316.656 and 322.2615, Fla. Stat.
    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 0.20 or greater.
18. DRIVING WHILE LICENSE SUSPENDED OR REVOKED  §322.34, Fla. Stat.
    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 third degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both.
19. ADMINISTRATIVE SUSPENSION OF PERSONS UNDER THE AGE OF 21 FOR DRIVING WITH AN ALCOHOL LEVEL .02 OR ABOVE  §322.2616, Fla. Stat.
    Florida statutes authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in 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.  (I have to comment here - this last sentence states that police in this country can "detain" an American despite the fact that the person has not committed a crime.  Do you understand the actual impact of this? Please think about this - it seems to be a harbinger of the future.)
    A.  First Suspension for Persons Under the Age of 21 With An Alcohol Level 0.02 or above:  Six months.  Second of Subsequent Suspensions: One year.
    B.  First Suspension for Refusal to Submit to Breath Test:  One year.  Second or Subsequent Suspensions for Refusal:  18 months.
    C.  Suspension:  The suspension is effective immediately.  If the breath or alcohol level is 0.05 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.
20. ADMINISTRATIVE SUSPENSION LAW  §§322.2615, 316.193 and 316.1932, Fla. Stat.
    A.  First Suspension for Driving With an Unlawful Alcohol Level (0.08 or above):  Six months.  Second of Subsequent Suspensions:  One year.
    B.  First Suspension for Refusal to Submit to Breath, Urine, or Blood Test:  One year.  Second of Subsequent Suspensions:  18 months.
    C.  Suspension:  The suspension is effective immediately.  The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest, provided the driver is otherwise eligible.
21. ADMINISTRATIVE DISQUALIFICATION LAW §§322.64, Fla. Stat.
    A.  First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (0.08 or above):  Six months disqualification.  Second of Subsequent Suspensions:  One year disqualification.
    B.  First Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle:  One year disqualification.  Second of Subsequent Suspensions:  Permanently disqualified.
    C.  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 0.08 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.
22. REVIEW HEARINGS FOR ADMINISTRATIVE SUSPENSION AND DISQUALIFICATION  §§322.2615 and 322.64, Fla. Stat.
    Florida law authorizes the DHSMV upon request by the driver to conduct a formal or informal review for the purpose of sustaining, amending, or invalidating administrative suspensions and disqualifications.  The decision of the department shall not be considered in any trial for a violation of §316.193, 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.
    A.  Business or Employment Reinstatement:
        1.  Suspension - Driving with an Unlawful Alcohol Level of 0.08 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 a 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 an Alcohol Level of 0.02 or above:  Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement.  With 0.05 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.
    B.  Hardship License Prohibited:
        1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal.
        2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.

The Florida Statute (2006) on DUI and it's Penalties

316.193 Driving under the influence; penalties.--

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:

1. By a fine of:

a. Not less than $250 or more than $500 for a first conviction.

b. Not less than $500 or more than $1,000 for a second conviction; and

2. By imprisonment for:

a. Not more than 6 months for a first conviction.

b. Not more than 9 months for a second conviction.

3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

(b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $1,000 or more than $2,500 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $1,000.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

(c) Who, by reason of such operation, causes or contributes to causing:

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. The death of any human being or unborn quick child commits DUI manslaughter, and commits:

a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

(I) At the time of the crash, the person knew, or should have known, that the crash occurred; and

(II) The person failed to give information and render aid as required by s. 316.062.

For purposes of this subsection, the definition of the term "unborn quick child" shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071.

(4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.20 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:

(a) By a fine of:

1. Not less than $500 or more than $1,000 for a first conviction.

2. Not less than $1,000 or more than $2,000 for a second conviction.

3. Not less than $2,000 for a third or subsequent conviction.

(b) By imprisonment for:

1. Not more than 9 months for a first conviction.

2. Not more than 12 months for a second conviction.

For the purposes of this subsection, only the instant offense is required to be a violation of subsection (1) by a person who has a blood-alcohol level or breath-alcohol level of 0.20 or higher.

(c) In addition to the penalties in paragraphs (a) and (b), the court shall order the mandatory placement, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person for up to 6 months for the first offense and for at least 2 years for a second offense, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

(5) The court shall place all offenders convicted of violating this section on monthly reporting probation and shall require completion of a substance abuse course conducted by a DUI program licensed by the department under s. 322.292, which must include a psychosocial evaluation of the offender. If the DUI program refers the offender to an authorized substance abuse treatment provider for substance abuse treatment, in addition to any sentence or fine imposed under this section, completion of all such education, evaluation, and treatment is a condition of reporting probation. The offender shall assume reasonable costs for such education, evaluation, and treatment. The referral to treatment resulting from a psychosocial evaluation shall not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider appointed by the court, which shall have access to the DUI program's psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. The term "substance abuse" means the abuse of alcohol or any substance named or described in Schedules I through V of s. 893.03. If an offender referred to treatment under this subsection fails to report for or complete such treatment or fails to complete the DUI program substance abuse education course and evaluation, the DUI program shall notify the court and the department of the failure. Upon receipt of the notice, the department shall cancel the offender's driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may temporarily reinstate the driving privilege on a restricted basis upon verification from the DUI program that the offender is currently participating in treatment and the DUI education course and evaluation requirement has been completed. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of completion of treatment from the DUI program. The organization that conducts the substance abuse education and evaluation may not provide required substance abuse treatment unless a waiver has been granted to that organization by the department. A waiver may be granted only if the department determines, in accordance with its rules, that the service provider that conducts the substance abuse education and evaluation is the most appropriate service provider and is licensed under chapter 397 or is exempt from such licensure. A statistical referral report shall be submitted quarterly to the department by each organization authorized to provide services under this section.

(6) With respect to any person convicted of a violation of subsection (1), regardless of any penalty imposed pursuant to subsection (2), subsection (3), or subsection (4):

(a) For the first conviction, the court shall place the defendant on probation for a period not to exceed 1 year and, as a condition of such probation, shall order the defendant to participate in public service or a community work project for a minimum of 50 hours; or the court may order instead, that any defendant pay an additional fine of $10 for each hour of public service or community work otherwise required, if, after consideration of the residence or location of the defendant at the time public service or community work is required, payment of the fine is in the best interests of the state. However, the total period of probation and incarceration may not exceed 1 year. The court must also, as a condition of probation, order the impoundment or immobilization of the vehicle that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant's name at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h).

(b) For the second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 10 days. The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the defendant at the time of impoundment or immobilization, for a period of 30 days or for the unexpired term of any lease or rental agreement that expires within 30 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant and must occur concurrently with the driver's license revocation imposed under s. 322.28(2)(a)2. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h). At least 48 hours of confinement must be consecutive.

(c) For the third or subsequent conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 30 days. The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the defendant at the time of impoundment or immobilization, for a period of 90 days or for the unexpired term of any lease or rental agreement that expires within 90 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant and must occur concurrently with the driver's license revocation imposed under s. 322.28(2)(a)3. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h). At least 48 hours of confinement must be consecutive.

(d) The court must at the time of sentencing the defendant issue an order for the impoundment or immobilization of a vehicle. Within 7 business days after the date that the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of each vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the vehicle.

(e) A person who owns but was not operating the vehicle when the offense occurred may submit to the court a police report indicating that the vehicle was stolen at the time of the offense or documentation of having purchased the vehicle after the offense was committed from an entity other than the defendant or the defendant's agent. If the court finds that the vehicle was stolen or that the sale was not made to circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs. If the court denies the request to dismiss the order of impoundment or immobilization, the petitioner may request an evidentiary hearing.

(f) A person who owns but was not operating the vehicle when the offense occurred, and whose vehicle was stolen or who purchased the vehicle after the offense was committed directly from the defendant or the defendant's agent, may request an evidentiary hearing to determine whether the impoundment or immobilization should occur. If the court finds that either the vehicle was stolen or the purchase was made without knowledge of the offense, that the purchaser had no relationship to the defendant other than through the transaction, and that such purchase would not circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs.

(g) The court shall also dismiss the order of impoundment or immobilization of the vehicle if the court finds that the family of the owner of the vehicle has no other private or public means of transportation.

(h) The court may also dismiss the order of impoundment or immobilization of any vehicles that are owned by the defendant but that are operated solely by the employees of the defendant or any business owned by the defendant.

(i) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased or rented, by the person leasing or renting the vehicle, unless the impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply.

(j) The person who owns a vehicle that is impounded or immobilized under this paragraph, or a person who has a lien of record against such a vehicle and who has not requested a review of the impoundment pursuant to paragraph (e), paragraph (f), or paragraph (g), may, within 10 days after the date that person has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld from the owner or lienholder. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner or lienholder must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle.

(k) A defendant, in the court's discretion, may be required to serve all or any portion of a term of imprisonment to which the defendant has been sentenced pursuant to this section in a residential alcoholism treatment program or a residential drug abuse treatment program. Any time spent in such a program must be credited by the court toward the term of imprisonment.

For the purposes of this section, any conviction for a violation of s. 327.35; a previous conviction for the violation of former s. 316.1931, former s. 860.01, or former s. 316.028; or a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, driving with an unlawful breath-alcohol level, or any other similar alcohol-related or drug-related traffic offense, is also considered a previous conviction for violation of this section. However, in satisfaction of the fine imposed pursuant to this section, the court may, upon a finding that the defendant is financially unable to pay either all or part of the fine, order that the defendant participate for a specified additional period of time in public service or a community work project in lieu of payment of that portion of the fine which the court determines the defendant is unable to pay. In determining such additional sentence, the court shall consider the amount of the unpaid portion of the fine and the reasonable value of the services to be ordered; however, the court may not compute the reasonable value of services at a rate less than the federal minimum wage at the time of sentencing.

(7) A conviction under this section does not bar any civil suit for damages against the person so convicted.

(8) At the arraignment, or in conjunction with any notice of arraignment provided by the clerk of the court, the clerk shall provide any person charged with a violation of this section with notice that upon conviction the court shall suspend or revoke the offender's driver's license and that the offender should make arrangements for transportation at any proceeding in which the court may take such action. Failure to provide such notice does not affect the court's suspension or revocation of the offender's driver's license.

(9) A person who is arrested for a violation of this section may not be released from custody:

(a) Until the person is no longer under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893 and affected to the extent that his or her normal faculties are impaired;

(b) Until the person's blood-alcohol level or breath-alcohol level is less than 0.05; or

(c) Until 8 hours have elapsed from the time the person was arrested.

(10) The rulings of the Department of Highway Safety and Motor Vehicles under s. 322.2615 shall not be considered in any trial for a violation of this section. Testimony or evidence from the administrative proceedings or any written statement submitted by a person in his or her request for administrative review is inadmissible into evidence or for any other purpose in any criminal proceeding, unless timely disclosed in criminal discovery pursuant to Rule 3.220, Florida Rules of Criminal Procedure.

(11) The Department of Highway Safety and Motor Vehicles is directed to adopt rules providing for the implementation of the use of ignition interlock devices.

(12) If the records of the Department of Highway Safety and Motor Vehicles show that the defendant has been previously convicted of the offense of driving under the influence, that evidence is sufficient by itself to establish that prior conviction for driving under the influence. However, such evidence may be contradicted or rebutted by other evidence. This presumption may be considered along with any other evidence presented in deciding whether the defendant has been previously convicted of the offense of driving under the influence.

History.--s. 1, ch. 71-135; s. 19, ch. 73-331; s. 1, ch. 74-384; s. 1, ch. 76-31; s. 1, ch. 79-408; s. 1, ch. 80-343; s. 2, ch. 82-155; s. 1, ch. 82-403; s. 2, ch. 83-187; s. 1, ch. 83-228; s. 1, ch. 84-359; s. 24, ch. 85-167; s. 2, ch. 85-337; s. 1, ch. 86-296; s. 2, ch. 88-5; s. 5, ch. 88-82; s. 8, ch. 88-196; s. 8, ch. 88-324; s. 60, ch. 88-381; s. 7, ch. 89-3; ss. 1, 18, ch. 91-255; s. 32, ch. 92-78; ss. 1, 11, ch. 93-124; s. 3, ch. 93-246; s. 1, ch. 94-324; s. 895, ch. 95-148; s. 1, ch. 95-186; s. 4, ch. 95-333; s. 12, ch. 95-408; s. 3, ch. 96-330; s. 2, ch. 96-413; s. 48, ch. 97-100; s. 97, ch. 97-264; s. 25, ch. 97-271; ss. 6, 13, ch. 98-324; s. 5, ch. 99-234; s. 139, ch. 99-248; s. 4, ch. 2000-313; s. 10, ch. 2000-320; s. 2, ch. 2002-78; s. 1, ch. 2002-263; s. 1, ch. 2004-379; s. 1, ch. 2005-119.