Driving Offenses and Crimes in Florida
- Boating Under the Influence (BUI):
Boating under influence is similar to driving under influence (DUI), except in a vessel. A BUI is used when the vessel operator has a blood alchohol level (BAC) at or above .08. The 1st offense is incarceration of up to 6 months and punishable up to a $500 fine. If the boater causes serious injury or death while BUI, the operator as committed a felony. Refusal to submit to testing is a crime that is punishable by $500 fine.
- A person is guilty of the offense of boating under the influence and is subject to punishment as provided in subsection (2) if the person is operating a vessel within this state and:
- The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
- The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
- The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
- By a fine of:
- Not less than $250 or more than $500 for a first conviction.
- Not less than $500 or more than $1,000 for a second conviction; and
- By imprisonment for:
- Not more than 6 months for a first conviction.
- Not more than 9 months for a second conviction.
- Driver License Offenses:
- Driving Under the Influence (DUI):
Driving under the influence of alcohol and/or controlled substance is one of the most serious traffic violations. It can be classified as a misdemeanor, and in some circumstances, a felony. If you are found guilty of a DUI, you are subject to heavy penalties, even for a first offense. These penalties include: imprisonment of up to 6 months, a loss of your driver's license for a 6-month minimum, a fine between $250 and $500, plus court costs, completion of a substance abuse course, and 50 hours of community service. Second and third offenses are dealt more severely.
In Florida, you are subject to the "implied consent" law, where you have agreed to take a breath chemical test if you are arrested by an officer who believes you are under the influence.
316.193 Driving under the influence; penalties:
- A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection
(2) if the person is driving or in actual physical control of a vehicle within this state and:
- The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
- The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
- The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
- The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
- By a fine of:
- Not less than $250 or more than $500 for a first conviction.
- Not less than $500 or more than $1,000 for a second conviction; and
- A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection
(2) if the person is driving or in actual physical control of a vehicle within this state and:
- By imprisonment for:
- Not more than 6 months for a first conviction.
- Not more than 9 months for a second conviction.
- Driving with a Suspended License (DWLS):
Driving with a suspended license is a criminal offense. In an initial offense, you may be charged with a misdemeanor or with unknowingly driving with a suspended license. Criminal charges apply if you knowingly drive with a suspended license, and if you are found guilty, you will receive a $500 fine and up to 60 days in jail.
322.34 Driving while license suspended, revoked, canceled, or disqualified.- Except as provided in subsection (2), any person whose driver's license or driving privilege has been canceled, suspended, or revoked, except a "habitual traffic offender" as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318.
- Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon:
- A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
- A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
- The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department's records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.
- Fleeing and Eluding/Hit and Run:
Fleeing and eluding is the knowledge of having been ordered to stop by an authorized officer, and willfully refusing/failing to stop the vehicle in compliance with such order; or having stopped, but willfilly fleeing in an attempt to elude the officer. Fleeing and eluding is a third degree felony, punishable up to 5 years in prison, mandatory license suspension ranging from 1 to 5 years, and a $5000 fine. Fleeing and eluding with high speed or disregard is a 2nd degree felony, punishable up to 15 years in prison and a $10,000 fine. A minimum prison sentence (mandatory) of 3 years in prison, and a license suspension from 1 to 5 years.
316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing and eluding.
- It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle with siren and lights activated commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
- Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle with siren and lights activated, and during the course of the fleeing or attempted eluding drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
- Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s. 316.027 or s. 316.061, having knowledge of an order to stop by a duly authorized law enforcement officer:
- Willfully refuses or fails to stop in compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in an attempt to elude such officer; and
- As a result of such fleeing or eluding, causes injury to another person or causes damage to any property belonging to another person commits aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The felony of aggravated fleeing or eluding constitutes a separate offense for which a person may be charged, in addition to the offense of unlawfully leaving the scene of a crash which the person had been in the course of committing or attempting to commit when the order to stop was given.
- The court may revoke, for a period not to exceed 1 year, the driver's license of any operator of a motor vehicle convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4).
- Reckless Driving:
Reckless driving is a mental state which the driver of an automobile (car, motorcycle, etc.,) behaves recklessly; the driver misjudges common driving procedures, eventually ending up causing accidents and other damages. It is a serious moving traffic violation, and often punishable by fines, imprisonment, and/or driver license revocation/suspension.
316.192: Reckless Driving
- (a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se. - Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
- Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vehicle; and
(c) Who, by reason of such operation, causes:
- Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
- (a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
Driver license offenses deal with the owner of a drivers license if he/she uses it in an inappropriate manner and against what the license was issued for. Lending their driver license to another, displaying a license not issued to them, failure to submit a license to a law officer upon lawful demand, driving while license is suspended or revoked, and permitting an unauthorized operator to drive all examples of driver license offenses. Punishments vary, depending on the degree and unlawful use of the drivers license.