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 sign up for DUI school in person and file a Request for Eligibility Review 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.

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 sign up for DUI school in person and file a Request for Eligibility Review 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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