Boca Bay DUI


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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 rate 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. 

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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 offence. 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 serious?

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

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

8. 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.

9. 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.

10. 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.