DWLS without Knowledge
Driving While License Suspended Without Knowledge is a civil infraction. Florida statute 322.34 (1) states that someone driving their vehicle without knowing that their license is suspended is guilty of a moving violation. Aside from being adjudicated guilty and having three points assessed on your license, a DWLS without knowledge citation can have devastating consequences if you have at least two other major violations on your driving record.
DWLS with Knowledge
Driving on a Suspended License With Knowledge is a criminal infraction and your appearance in court IS REQUIRED. Florida Statute 322.34 (2) states that a person commits a misdemeanor of the second degree when they are convicted of driving while their license is suspended on the first offense. Even if adjudication is withheld, meaning no formal conviction, a DWLS with Knowledge still counts as a major moving violation for purposes of Habitualization with the DHSMV.
Even upon a conviction, depending on the circumstances, you may be eligible for a hardship license after a point suspension if you satisfy certain requirements including taking an examination, completing a Twelve Hour Advanced Driving Improvement (ADI) Course, paying a fee for reinstatement, and paying additional fees for the hardship license.
DUI
In the State of Florida, a DUI is considered a serious offense that can result in charges of a 3rd-degree felony and a maximum of $2,000 to $5,000 in fines. Keep in mind that the risk for a DUI crime is raised when an individual's blood-alcohol content (BAC) peaks at 0.08% or more. If a person is found to be guilty of multiple offenses of DUI, the punishment will worsen. If you need a voice to represent and protect your rights in court, contact Marquez Law for a consultation
Under Florida law, there are multiple driving under the influence (DUI) charges an individual may face if arrested after allegedly drinking and driving. According to Florida Statute Chapter 316, Section 193, a person may face a DUI conviction if he or she does the following:
(1) operates a vehicle or is in physical control of a vehicle within the state of Florida;
(2) while under the influence of alcoholic beverages, any chemical substance identified in Florida Statute Chapter 877, Section 111, or any controlled substance identified in Chapter 893; and
(3) has a blood-alcohol content (BAC) of 0.08 or more grams of alcohol per 100 milliliters of blood or has a BAC of 0.08 grams of alcohol per 210 liters of breath.
Florida Driving Under the Influence (DUI) Laws & Penalties
The penalties for a DUI conviction vary depending on the severity of the offense and whether the charged individual has prior DUI convictions.
Under Florida Statute Chapter 316, Section 193(2)(a), a person with one or two DUI convictions faces the following penalties:
Fines – A first DUI conviction results in a potential fine between $500 and $1,000, and a second DUI conviction results in a potential fine between $1,000 and $2,000.
Jail Time – A first DUI conviction results in potential jail time not to exceed 6 months, and a second DUI conviction results in potential jail time not to exceed 9 months.
Driver’s License Suspension or Revocation – Under Florida Statute Chapter 322, Section 28, a first DUI conviction may result in the suspension of a driver’s license for a period of at least 180 days, but not more than 1 year. Under the same statute, a second DUI conviction that occurs within 5 years of a prior DUI conviction results in the revocation of a driver’s license for a period of 5 years.
Ignition Interlock Device – A first DUI conviction may result in the installation (at the court’s discretion) of an ignition interlock device for a period of 6 continuous months when the individual’s BAC is .08 or higher. However, a first DUI conviction results in the mandatory installation of an ignition interlock device for a period of 6 continuous months if the individual’s BAC is .15 or higher. A second DUI conviction results in the mandatory installation of an ignition interlock device for a period of 1 year at the convicted individual’s expense when the individual qualifies for a restricted or permanent license.
Under Florida Statute Chapter 316, Section 193(2)(b), a person with three or four (or more) DUI convictions faces the following penalties:
Under Florida Statute Chapter 316, Section 193(2)(b), a person with three or four (or more) DUI convictions faces the following penalties:
Fines– A third DUI conviction that happens within 10 years of a prior DUI conviction is considered a third-degree felony, and results in a potential fine not to exceed $5,000. A third DUI conviction that happens more than 10 years after a prior DUI conviction may result in a fine between $2,000 and $5,000. A fourth or subsequent DUI conviction (regardless of when it happened) is considered a third-degree felony and results in a potential fine of at least $2,000 or more.
Jail Time– A third DUI conviction that happens within 10 years of a prior DUI conviction may result in potential jail time not to exceed 5 years. A third DUI conviction that happens more than 10 years after a prior DUI conviction may result in potential jail time not to exceed 12 months. A fourth or subsequent DUI conviction (regardless of when it happened) may result in potential jail time not to exceed 5 years.
Driver’s License Suspension or Revocation– Under Florida Statute Chapter 322, Section 28, a third DUI conviction that happens within 10 years of a prior DUI conviction results in the revocation of a driver’s license for a period of 10 years. Under the same statute, a fourth or subsequent DUI conviction results in the permanent revocation of a driver’s license.
Ignition Interlock Device– A third DUI conviction (regardless of when it happened) results in the mandatory placement of an ignition interlock device for a period of 2 years at the convicted individual’s expense when the individual qualifies for a restricted or permanent license.
Enhanced Penalties When Property Damage or Bodily Injury Result from a DUI Accident
Under Florida Statute Chapter 316, Section 193(3), DUI convictions that involve an accident resulting in property damage and/or bodily injury may result in enhanced penalties separate from the penalties resulting from the underlying DUI conviction.
Penalties for Property Damage or Bodily Injury
A person who is convicted of any DUI offense and who causes or contributes to cause damage to property or physical harm to a person is guilty of a first-degree misdemeanor, which may result in a fine not to exceed $1,000 and jail time not to exceed 1 year.
A person who is convicted of any DUI offense and who causes or contributes to cause serious bodily injury to a person is guilty of a third-degree felony, which may result in a fine not to exceed $5,000 and jail time not to exceed 5 years.
A person who is convicted of any DUI offense and who causes or contributes to cause the death of another person or unborn child is guilty of DUI manslaughter, which is a second-degree felony resulting in a fine not to exceed $10,000 and jail time not to exceed 15 years.
If the person knew or should have known that an accident happened, and fled the scene of the accident, leaving an injured person who subsequently died, they are guilty of DUI manslaughter as a first-degree felony, which results in a fine not to exceed $10,000 and jail time not to exceed 30 years.
Also, be sure to read our article, "What Are the Penalties for DUI in Florida?"
Monthly Reporting Probation and Substance Abuse Course
Under Florida Statute Chapter 316, Section 193(5), anyone convicted of a DUI offense under section 193 will be required to undergo monthly reporting probation as well as required completion of a substance abuse course conducted by a DUI program which includes a psychological evaluation. If upon evaluation, the DUI program refers the convicted individual to subsequent substance abuse treatment, the convicted individual will be required to undergo any and all required treatment, evaluation, and testing.
A Criminal Defense Lawyer Can Help
Some people think they can talk their way out of a drunk driving charge. It does not work that way, especially when the prosecution has hard evidence from a chemical test. But by working with an experienced DUI lawyer, you may be able to negotiate a plea bargain with the prosecution, especially if it is a first offense and there are no aggravating factors.