Arrest and Conviction Due to DUI: Penalties on Driving Privileges
After you have been convicted of DUI, aside from getting criminal penalties due to the offense, the driver’s driving privileges will also be affected.
Suspension of the driver’s license shall immediately be imposed once the driver is proven to have blood-alcohol concentration (BAC) above .08% or if the driver refuses to undergo a test for DUI. Confiscation of the vehicle could also be enforced if necessary and this will surely incur further costs to be paid by the offender. The loss of the stated driving privileges could happen even before the conviction of DUI on the driver. However, on a case to case basis in Florida, the offender may be permitted to obtain a temporary license. The offender may also choose to request for an administrative hearing in order to gain his or her driving license back and for full restoration of driving privileges, which must be requested within 10 days and is often referred to the “Florida 10-day Rule”.
Penalties on the driving privileges greatly vary on the severity of the DUI offense of the driver and existing records of DUI violations in the past. For second or third time offenders, a mandatory installation of an ignition interlock device shall be placed on the vehicle. This device automatically measures the driver’s blood-alcohol concentration and will prevent the operation of the vehicle once the device detects that the driver is intoxicated even at a minimum level. Most states require the offender to shoulder the expenses on the rental, installation and maintenance of such device. The ignition interlock devices’ rental fees could vary from as much as 3 dollars or higher per day which incurs more cost on the part of the offender.
Section 316.193, Florida Statutes requires ignition interlock devices to be installed on the vehicles of persons convicted of DUI based on the following guidelines:
- First Conviction – if court ordered
- First Conviction if 0.15 or minor in car – at least 6 months
- Second Conviction – at least 1 year
- Second Conviction if 0.15 or minor in car – at least 2 years
- Third Conviction – at least 2 years
If you or a loved are facing driving under the influence charges, it is important that you speak to a Miami DUI Attorney at Musca Law to discuss your rights.
