Penalties-fines

Florida County Raises Bond Fees for DUI

Brevard County, FL increases cost of getting out of jail for many crimes, including DUI.

Brevard County, Florida has updated its bond fees, increasing the cost of posting bail. A bond schedule is a guideline that judges rely on when setting the cost for being released from jail while waiting for trial. The previous Brevard bond schedule was one of the lowest in Central Florida, which prompted complaints that the fees were outdated and allowed repeat criminal suspects to easily gain jail release.

The new bond schedule raises the bail for non-violent felonies from $4,500 to $15,000 for first-degree charges, $2,000 to $5,000 for second-degree, and $1,000 to $2,000 third-degree. The fees are still lower than other area counties, which charge up to $50,000 for first-degree non-violent felonies.

The bond schedule also adds eight offenses to a list that requires an appearance before a judge in order to determine the amount of bail. Those crimes include Florida DUI manslaughter and DUI fourth offense.

Proponents feel that higher bail for dangerous felonies will make the county safer. The panel that devised the new bond schedule said it was a challenge balancing constitutional rights, public safety and jail overcrowding.

Tags: Florida DUI Laws

Tallahassee Fines

Cross the Line, Pay a Fine
TALLAHASSEE, Florida

Run a red light or cross the stop bar at an intersection and you could end up paying $185.50. Last Sunday, the Tallahassee Police Department started Operation Stop at the Line or Pay the Fine, a special effort to regulate traffic at intersections. Marked patrol vehicles, unmarked vehicles, police motorcycles, uniformed and plain-clothes officials will now stand at key intersections. When the signal changes to red, they will focus their attention on the stop bar painted on the pavement. If a vehicle crosses the bar, it will be deemed a violation. Besides paying the fine, three points will be placed on the violator's license for a year. Accumulation of 12 points in one year could result in a license suspension. TPD spokesman John Creamer said the effort is intended to educate people and get their attention. The special operation will end Saturday, but officers will continue to regulate and issue citations for these violations.

Source: http://www.tallahassee.com

Tags: DUI Penalties & Fines |  Florida DUI

Florida DUI Laws

Florida DUI and Administrative Suspension Laws

How do I reinstate my license after a conviction for Driving Under the Influence (DUI)?

1st DUI - 180 day to 1 year revocation effective on conviction date. Before expiration of the revocation period, you may apply for a hardship license in the county where you live. DUI School completion and treatment, if referred, is required. You then can apply for a hardship license in any Administrative Review Office (see listing "Under Suspension - Need Driver License for Work") where you live.

If you wait to reinstate your license until your revocation period ends, you must present proof of enrollment or completion of DUI School and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed and failure to complete treatment may result in cancellation of your driver license.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

2nd DUI conviction in more than 5 years will result in a 180 day to 1 year revocation. You cannot reinstate early for hardship. The full revocation period must be served before requesting driver license reinstatement.

The second DUI conviction within a five-year period will result in a five-year revocation. You may apply for a hardship license at the Administrative Review Office after serving one year from effective date of revocation. DUI School, and treatment, if referred, must be completed and you must have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license.

If you wait to reinstate until after your revocation period ends, you must present proof of enrollment or completion of DUI School, and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed and failure to complete treatment may result in cancellation of your driver license.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

3rd DUI conviction in more than 10 years will result in a 180-day to 1-year revocation unless 2 of the convictions fall within 5 years in which case a five-year revocation will apply. You are not eligible for a hardship license, but must wait out the revocation period.

A 3rd DUI within a 10-year period will result in a 10-year revocation. You must serve 2 years of this revocation period before being eligible to apply for a hardship license in the Administrative Review Office (see listing "Under Suspension - Need Driver License for Work") where you live. You must complete DUI School, and treatment, if referred, and have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license.

If you wait to reinstate until after your revocation period ends, you must present proof of enrollment or completion of DUI School, and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed and failure to complete treatment may result in cancellation of your driver license.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

4th DUI or Subsequent DUI Conviction will result in a permanent revocation. There is no provision for a hardship license.

Driving with an unlawful alcohol level (DUBAL) (.08)

You will be suspended as of the arrest date for 6 months for the first offense and one year for any other offense of DUBAL. You will be given a 30-day permit on the date of the arrest. Once the permit has expired, then 30 days of the suspension must be served before he/she is eligible to apply for a hardship license.

You will be eligible for a hardship license on the first and any consecutive suspension. You must provide proof of enrollment in a DUI School to the Administrative Review Office (see listing "Under Suspension - Need Driver License for Work") for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment may result in cancellation of your driver license.

If you reinstate after your revocation period ends, you must provide proof of DUI School enrollment or completion to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment may result in cancellation of your driver license.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $35 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

How do I reinstate my license after a suspension for refusal to submit to a breath/urine test?

You will be suspended as of the arrest date for one year for the first offense and 18 months for any consecutive offenses. You will be given a 30-day permit on the date of arrest and when the permit expires must serve 90 days of the suspension before he/she is eligible to apply for a hardship license on the first suspension. No hardship license is permitted if you have refused to submit more than 2 times.

You must provide proof of enrollment in a DUI School to the Administrative Review Office (see listing "Under Suspension - Need Driver License for Work") for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment may result in cancellation of your driver license.

If you reinstate after your revocation period ends, you must provide proof of DUI School enrollment or completion to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment may result in cancellation of your driver license.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115administrative fee and $35 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

What happens to my driving privilege if convicted of driving a commercial motor vehicle under the influence?

You are disqualified from driving a commercial motor vehicle for one year and you are not eligible for a hardship license. You must wait the full year, then pay a $60.00 fee and restore the commercial drivers license. If you were transporting hazardous materials when convicted, the disqualification is for three years.

What happens to my driving privilege if convicted of driving a commercial motor vehicle with unlawful alcohol level (.04)?

You are disqualified from driving a commercial motor vehicle for one year and are not eligible for a hardship license. You must wait the full year, then pay a $60.00 fee and reinstate the commercial drivers license. If you were transporting hazardous materials when convicted, the disqualification is for three years.

What happens to my driving privilege if convicted of driving a commercial motor vehicle in possession of controlled substance?

You are disqualified from driving a commercial motor vehicle for one year and are not eligible for a hardship license. You must wait the full year, then pay $60.00 fee and restore the commercial drivers license.

What happens to my driving privilege if convicted of driving a commercial motor vehicle and I refused the test to determine alcohol level?

You are disqualified from driving a commercial motor vehicle for one year and are not eligible for a hardship license. You must wait the full year, pay $60.00 fee and restore the commercial drivers license.

What happens to my driving privilege if I'm convicted of driving a commercial motor vehicle and I received 3 traffic violations within 3 years? You are disqualified from driving a commercial motor vehicle for 120 days. After 120 days, pay $60 fee and restore the commercial drivers license.

What happens to my driving privilege if convicted of driving a commercial motor vehicle and I received 2 traffic violations within 3 years? You are disqualified for 60 days from driving a commercial motor vehicle. After 60 days, pay $60.00 fee and restore the commercial drivers license.

See full Explanation at Florida Department of Highway Safety and Motor Vehicles http://www.hsmv.state.fl.us/ddl/duilaws.html

Tags: DUI Penalties & Fines |  Florida DUI

Florida DUI Conviction

Florida DUI Conviction: Persons Under 21: Required Suspension

DUI Under 21 Years of Age

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.

Drivers have only 10 days from arrest to request an administrative hearing to prevent suspension of driver's licence.

Information above is from the Department of Highway Safety and Motor Vehicles and should be used as a reference only.

See full Explanation at Florida Department of Highway Safety and Motor Vehicles
http://www.hsmv.state.fl.us/ddl/duilaws.html

Tags: DUI Penalties & Fines |  Florida DUI

Drunk-Driving Device

Drunk-Driving Device Put Into Use

Law forcing drivers convicted of DUI to use car device that would not allow them to start vehicle when legally drunk is now in full effect in Florida.

BY BRENT KALLESTAD

Associated Press

Posted on Mon, Feb. 02, 2004

TALLAHASSEE - Penalties against Florida's drunken drivers are now much stiffer.

The use of ''ignition interlock devices,'' a mechanism that hooks to a dash-mounted breathalyzer machine and will not allow anyone with more than a .05 blood alcohol level on their breath to start the vehicle, became law Sunday.

Drivers convicted of a second or third DUI charge since July 1, 2002, are subject to the rule, which was approved in December by the Florida Cabinet and Gov. Jeb Bush.

Nearly 4,000 letters were sent last week from the Department of Highway Safety and Motor Vehicles to drivers who may need the device before reapplying for a license following a DUI suspension.

''It will have an impact on those drinkers who have already had one opportunity to come clean and have decided to show blatant disregard for the law, driving drunk again,'' DHSMV executive director Fred Dickinson said Sunday.

The device would be installed following a second drunken driving conviction, although judges will have discretion to order its use by first-time DUI offenders.

Monitoring units also have measures to prevent a sober person from having the ability to start the vehicle for someone under the influence of alcohol. Following the reinstatement of driving privileges, those convicted of DUIs will be ordered to use the device for at least a year.

The person convicted of the DUI offense would pay $70 for installation and $67.50 a month for a monitoring and recalibration during the period the instrument is attached to the vehicle. That work will be done by private sector DUI schools under contract with the state.

Critics say the cost is excessive.

''That's a lot of money for some people,'' Melbourne DUI defense attorney told Florida Today for its Sunday editions.

Dickinson said the department hopes the cost of the program both serves as a deterrent and raises ''the awareness level of those who will make a decision'' to drive drunk.

Under the new law, it's now a misdemeanor to refuse a breathalyzer test.

Under state law, any driver stopped with a blood alcohol of .08 or more is subject to arrest.

At least 42 other states have some form of the ignition interlock program already in place, said Dickinson.

All states are required by a 2000 federal law to have the program in place or risk losing up to 3 percent of their highway construction funds.

Tags: DUI Penalties & Fines |  Florida DUI