DUI Frequently Asked Questions

Below are DUI frequently asked questions and answers relating to a DUI arrest, DUI penalties and reinstating your driver’s license.

1. I was just arrested for DUI. Is my driver’s license suspended?

Yes, if you blew over .08 or refused a breath or urine test then your license is administratively suspended.

2. Am I allowed to drive if I was just arrested for DUI?

Yes, if your license was valid at the time of your arrest then your DUI ticket serves as a temporary driving permit for 10 days following the date of your DUI arrest. You have only 10 days to immediately reinstate your driver’s license if you want to avoid a lapse in driving privileges.

3. How do I reinstate my driver’s license?

If this is your first DUI arrest and you do not have a commercial driver’s license then you are eligible to immediately reinstate your license to business purposes only

status. You must must sign up for DUI school in person and file a Request for Eligibility Review Form at the any local Bureau of Administrative (BAR) office listed on the back of your DUI ticket.

4. Will my insurance rates automatically increase?

Not automatically. A DUI arrest alone will not necessarily cause your insurance rates or coverage to change. But if you are convicted of DUI then you will be required to have high-risk FR44 car insurance for 36 consecutive months. FR44 is actually a certificate your insurance provider files with the State of Florida. FR44 limits in Florida are referred to as 100/300.  That is $100,000 per person, $300,000 per accident. People without a DUI conviction can carry limits as low as 10/20. The minimum property damage with an FR44 filing is $50,000. Uninsured motorist coverage is not required with Fr44.

5. How long will this Suspension last?

There are four time lengths for an administrative driver’s license suspension:

  • 6 months for a first time breath test suspension
  • 12 months for a second or subsequent breath test suspension
  • 12 months for a first refusal
  • 18 months for a second or subsequent refusal

6. This is my first offense. Will I be sentenced to jail?

Possible but not required as as there is no mandatory jail time for a first time DUI. A simple first time DUI is punishable by up to 180 days in jail.

7. What factors make a first-time DUI more serious?

There are four possible aggravating factors than can increase the penalty for a first time DUI. The aggravating facotrs are:

  • A breath test of .15 or higher
  • Property Damage
  • Personal Injury
  • A minor in the vehicle

8. Is there a diversion program for DUI?

Yes, Orange County and Osceola County each offer a DUI pretrial diversion program for some first time DUI cases. DUI pretrial diversion eligibility depends on many factors and approval is granted on a case-by-case basis. Seminole County does not offer a DUI diversion program.

9. Can I be convicted of DUI if I was not driving?

Yes. You can be convicted of DUI if you were “driving or in actual physical control” of a vehicle. So you can be driving, passed out in the vehicle or legally parked. There is a legal definition for actual physical control, the most important factor being if the key were in the ignition.

10. Is DUI a misdemeanor or felony?

A simple first time DUI is a misdemeanor. So is a second offense. A third offense within 10 years of a prior conviction is a felony.

11. If I am convicted of DUI, will my license be suspended again?

Yes. If you are convicted of DUI the judge is required to revoke your license. This court-ordered driver’s license revocation is in addition to any prior administrative license suspension. Any court-ordered revocation will invalidate any hardship license you have and you will have to go back to DMV to re-apply (if eligible) for another hardship driver’s license.

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Below are DUI frequently asked questions and answers relating to a DUI arrest, DUI penalties and reinstating your driver’s license.

1. I was just arrested for DUI. Is my driver’s license suspended?

Yes, if you blew over .08 or refused a breath or urine test then your license is administratively suspended.

2. Am I allowed to drive if I was just arrested for DUI?

Yes, if your license was valid at the time of your arrest then your DUI ticket serves as a temporary driving permit for 10 days following the date of your DUI arrest. You have only 10 days to immediately reinstate your driver’s license if you want to avoid a lapse in driving privileges.

3. How do I reinstate my driver’s license?

If this is your first DUI arrest and you do not have a commercial driver’s license then you are eligible to immediately reinstate your license to business purposes only

status. You must must sign up for DUI school in person and file a Request for Eligibility Review Form at the any local Bureau of Administrative (BAR) office listed on the back of your DUI ticket.

4. Will my insurance rates automatically increase?

Not automatically. A DUI arrest alone will not necessarily cause your insurance rates or coverage to change. But if you are convicted of DUI then you will be required to have high-risk FR44 car insurance for 36 consecutive months. FR44 is actually a certificate your insurance provider files with the State of Florida. FR44 limits in Florida are referred to as 100/300.  That is $100,000 per person, $300,000 per accident. People without a DUI conviction can carry limits as low as 10/20. The minimum property damage with an FR44 filing is $50,000. Uninsured motorist coverage is not required with Fr44.

5. How long will this Suspension last?

There are four time lengths for an administrative driver’s license suspension:

  • 6 months for a first time breath test suspension
  • 12 months for a second or subsequent breath test suspension
  • 12 months for a first refusal
  • 18 months for a second or subsequent refusal

6. This is my first offense. Will I be sentenced to jail?

Possible but not required as as there is no mandatory jail time for a first time DUI. A simple first time DUI is punishable by up to 180 days in jail.

7. What factors make a first-time DUI more serious?

There are four possible aggravating factors than can increase the penalty for a first time DUI. The aggravating facotrs are:

  • A breath test of .15 or higher
  • Property Damage
  • Personal Injury
  • A minor in the vehicle

8. Is there a diversion program for DUI?

Yes, Orange County and Osceola County each offer a DUI pretrial diversion program for some first time DUI cases. DUI pretrial diversion eligibility depends on many factors and approval is granted on a case-by-case basis. Seminole County does not offer a DUI diversion program.

9. Can I be convicted of DUI if I was not driving?

Yes. You can be convicted of DUI if you were “driving or in actual physical control” of a vehicle. So you can be driving, passed out in the vehicle or legally parked. There is a legal definition for actual physical control, the most important factor being if the key were in the ignition.

10. Is DUI a misdemeanor or felony?

A simple first time DUI is a misdemeanor. So is a second offense. A third offense within 10 years of a prior conviction is a felony.

11. If I am convicted of DUI, will my license be suspended again?

Yes. If you are convicted of DUI the judge is required to revoke your license. This court-ordered driver’s license revocation is in addition to any prior administrative license suspension. Any court-ordered revocation will invalidate any hardship license you have and you will have to go back to DMV to re-apply (if eligible) for another hardship driver’s license.

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