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Miami DUI Laws by Statute
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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.
1(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.
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