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What Are The Department Of Motor Vehicles License Revocation Procedures?

FIRST TIME DUI If your fail a breath test (.08 & above) (.02 for under 21 years of age): Your License will be Suspended for 1 year
You are eligible for a Business Purpose Only (BPO) license
You lose a Commercial License for 1 year if not operating Commercial Vehicle
If operating a Commercial Vehicle, permanently disqualified with BAT over .04
Business Purpose Only Requirements: 30 day sit out if you blew
90 day sit out if no blow
Must enroll in Counter Attack Level one class
Counter Attack Class: Enrollment Information call:

Rockledge (321) 6325812
Melbourne (321) 2551605
Titusville (321) 2683322

If you Win Department of Motor Vehicle (DMV)

Formal Review Hearing:

No DMV suspension
No sit out time required
BUT: Criminal Proceeding Could:
Suspend license for 6 months
Grant a BPO (see above requirements)

SECOND TIME DUI

If you fail or refuse a breath test (.08 & above)
Your license will be suspended for 18 months
You are not eligible for a BPO
You may after 12 months petition DMV for a BPO
If you win a DMV Formal Review
No DMV suspension
No sit out period
BUT: Criminal Proceeding Could:
Suspend license for 1 year
If second DUI within 5 years:
License revocation for 5 years
May petition after 12 month for BPO

THIRD TIME DUI

No BPO
If third DUI within 10 years
License revocation for 10 years
May petition for a BPO after 24 months
If it is a third DUI outside of 10 years
License revocation for 5 years

FOURTH TIME DUI

3rd Degree Felony
5 years in Prison
Life time license revocation
Not authorized BPO
No Petition

Other Florida Drunk Driving Defense FAQs

Q: What Is D.U.I.And Drunk Driving?
A: D.U.I. is an abbreviation for "Driving Under the Influence." A person is guilty of the offense if such person is driving or in actual physical control of a … More
Q: What Does "In Actual Physical Control Of A Vehicle" Mean?
A: This term means that the individual has had the capability and power to dominate, direct or regulate the vehicle, regardless of whether or not he or she was exercising … More
Q: Are You Presumed Guilty Of If You Have A Blood Alcohol Level Of 0.08%?
A: In any criminal case, it is unconstitutional to hold a presumption of guilt against a defendant. This is due to the fact that our constitution requires the government … More
Q: Is It Also Unlawful To Drive With A Blood Alcohol Level Of 0.08% Or Higher?
A: Yes. It is a crime to drive with an unlawful blood alcohol level of 0.08% or above.
Q: May I Refuse To Take A Breath, Blood Or Urine Test If Requested To Submit To One By A Law Enforcement Officer?
A: By accepting the privilege extended by the laws of this state of operating a motor vehicle, you are deemed to have given your consent to submit to an approved chemical … More
Q: Isn't It True That The Police Will Take Away Your License If You're Arrested For D.U.I.?
A: Under Florida law, a law enforcement officer may seize the driver's license of any person who is driving with an unlawful blood alcohol level (.08% or above), or who … More
Q: If The Officer Takes Away My Driver's License, For How Long Is It Suspended?
A: If you have refused to submit to a lawful breath, blood or urine test, your driving privilege will be suspended for a period of one (1) year for a first refusal, or … More
Q: How Can The Law Permit Suspension Of A Driver's License Before Any Kind Of Trial Begins? I Thought Criminal Law Required A Hearing Or Trial Before They Could Sentence You?
A: While the criminal punishment under Florida laws provides for certain safeguards before an individual may be sentenced, we must remember that driving a motor vehicle … More
Q: Is Jail Mandatory If I'm Convicted Of D.U.I.?
A: No. Not for the first conviction. However, for the second conviction within five (5) years of a prior conviction, a minimum imprisonment term of ten (10) days is … More
Q: What Are The Speed Limits In Florida?
A: Unless Otherwise Posted Absolute Interstate 70 mph Ltd Access Rds 70 mph Other Primary Rds 65 mph Residential 30 mph More