Before we answer the question of whether or not a DUI puts points on your license, let’s discuss a few basics of what the point system is. The point system in Florida is the method in which violations are scored, so to speak. 

Different violations carry different point values – for example, reckless driving conviction would add four points to your license, while speeding can add three to four points depending on how fast you were driving. If you receive too many points within a given period of time, you may be facing suspension of your license. 

To answer the original question, a DUI doesn’t add points to your license, but that’s because your license is likely already being suspended and a conviction for DUI, in and of itself, will cause significant insurance ramifications. Under Florida DUI law, a DUI charge carries the possibility of two different driver license suspensions: an “administrative” suspension which occurs on the night of the arrest, or a “court-ordered” suspension. A court ordered suspension only occurs upon conviction for the DUI offense.

There are a few things out-of-state visitors may need to consider if they’ve been charged with a DUI in Pinellas County. 

The first thing out-of-towners should know is that if you are arrested for a DUI while on vacation, law enforcement may confiscate your out of state driver’s license if you provided a breath or blood alcohol level above .08 or if you refused a breath, urine or blood test. Our experienced team of DWI defense lawyers will counsel you on efforts that you must take to get through TSA security if you are flying. Likewise, our office can advocate on your behalf in an effort to challenge the suspension imposed in Florida.

When it comes to returning home, you may be permitted to travel back to your home state. In some cases, our office will need to file an Emergency Motion to Permit Out of State Travel to allow you to do so. 

The legal definition of a DUI is defined in Florida Statute Florida Statute 316.193, which states that a driver is “under the influence” if they have taken a drug and their “normal faculties are impaired.” 

What does that mean? If a person has taken something that has affected their physical or mental capacities and are unable to safely operate a vehicle, they are driving while impaired. 

For example, if you have been legally prescribed Alprazolam (“Xanax”) for anxiety and need to leave the house for any reason, you may be arrested for driving under the influence of prescription medications. Another common example is driving while under the influence of a high dosage of Adderall. This drug is used to treat ADHD, and although you can drive safely while taking it, if you take too much of it you may become more prone to aggressive or dangerous driving. Of course, if you regularly take these medications, they will always show up in a urine specimen.

In this instance, you could be charged with a DUI even though the medication was legally prescribed to you and you are using it to treat a chronic condition.

The first step after being bailed out of jail is to make a plan for your vehicle. You may be facing a temporarily suspended license, and if your vehicle was being used for a road trip you may be facing frustrating circumstances. 

In many cases, you’ll need to make a plan to retrieve your vehicle from being impounded. Additionally, if your children were with you on your trip, you may need to make alternative arrangements to help them get home. 

If you were driving a rental vehicle, you will likely need to alert the rental company if the vehicle is impounded and you are unable to get it out. As the owners of the vehicle, they may be required to retrieve the rental vehicle.

When you’ve been pulled over, it’s frustrating and you might be tempted to argue to defend yourself. While you certainly do not want to be a push-over, it’s important to remain as polite as possible when dealing with law enforcement. 

On the flip-side, you should avoid being overly friendly with law enforcement and accidentally saying something you might regret. For example, you don’t want to admit that you were just having drinks with friends.

If you’re planning to drink at a holiday party or gathering, make sure that you decide ahead of time who is going to be the designated driver. If you’re going to a variety of parties or gatherings during the season, consider rotating and serving as the designated driver yourself as well. 

No matter who is the designated driver, make sure that you discuss it ahead of time and if you notice the designated driver still having a drink, talk to them and make sure they understand that they can no longer drive. You’re not only protecting yourself from a DUI, but protecting your friend or family member from a DUI and keeping everyone on the road safe.

You might be surprised to find out that you can be arrested for drinking and driving a golf cart with the same severity as driving a car or SUV. That’s because DUI charges apply to any vehicle under Florida Statutes 316.193. If you have a blood alcohol content (BAC) of .08% or greater, you can be charged with a DUI.

This applies to drinking and driving a golf cart on the road or on a golf course. In fact, the location of the golf cart is less important than whether you were behind the wheel or not. However, you’re less likely to be arrested for a DUI if you’re driving on private property, like a private golf course, than you are if you are driving on the road in one of Florida’s many golf cart communities. 

Our office is increasingly being contacted by individuals who have been arrested for DUI on golf carts. Common reasons that these individuals are pulled over by the police include:

• No headlights at night;
• Operating the golf cart on roads where golf carts aren’t permitted; and
• Running stop signs.

If you are operating a golf cart on public roadways, make sure that you obey all “rules of the road.” Operating golf carts during the late evening hours is often interpreted by law enforcement as a likelihood of “bar hopping,” so the officers will be looking for a reason to pull you over.

When you are issued your driver’s license, in the state of Florida you are consenting to a breathalyzer test. But what many people don’t know is that you are not consenting to a field sobriety test, and you are not legally obligated to do so. These tests are designed for failure. The complicated nature of the tests coupled with your anxiety by your circumstances will make it nearly impossible for you to perform to law enforcement’s expectations.

If you have already taken a field sobriety test, attorney Tim Sullivan can review your DUI video to determine if your tests were properly administered and fairly interpreted. Since he has received the same field sobriety test training as law enforcement, Sullivan can help guide you after taking a field sobriety test. However, you do not legally need to do a field sobriety test if you are not comfortable doing so.

Before we dive into the different factors that go into the blood alcohol content (BAC), it’s important to know what the legal limit actually is in the State of Florida.

A driver is considered legally drunk in Florida when they are a non-commercial driver over the age of 21 with a BAC of .08 or more.

Now that we know the legal limit, the BAC level may vary person-to-person based on the following factors:

• Type of drink: The alcohol content of each beverage varies. For example, beer may have 5% alcohol by volume, while a glass of wine might have closer to 10% for a smaller amount. Similarly, a drink like vodka or rum may have an even higher percentage of alcohol by volume, and how heavily it is poured can impact your BAC.
• Body type: The body type of the person who is drinking plays a role in how many drinks will put them over the limit. For example, a person who weighs less than 120 pounds may be legally over the limit after 1-2 drinks, whereas a person with a larger body type can tolerate 2-3 drinks before hitting the limit.
• Gender: Statistically, men are able to tolerate more drinks than women. Of course, this might be different on an individual level, but it usually factors into the body type of the person drinking.
• Number of Drinks: The number of drinks is another factor in determining whether you’re over the legal limit. Typically 1 drink with a lower alcohol by volume may not send you over the BAC limit to drive. However, if you feel tipsy or buzzed you shouldn’t drive. It’s also good to avoid more than one drink if you anticipate driving afterwards.
• Factors Other than Alcohol: In some cases, one drink may be sufficient to cause someone to be impaired if other circumstances contribute to the impairment. For example, one drink combined with prescription medications, illicit drugs, or even fatigue may cause someone to become too impaired to operate a motor vehicle.

There are different penalties for a DUI depending on how many DUIs you’ve been arrested for or charged with, if there was property damage, what your blood alcohol content was, and whether or not anyone was injured or killed.

Let’s break down the penalties for a first-time DUI offense.

The DUI fine schedule, per section 316.193, Florida Statutes, states:

First conviction:

• Not less than $500 or more than $1,000.
• If blood/breath alcohol level (BAL) was .15 or higher, or if there was a minor in the vehicle, not less than $1,000 or more than $2,000.

Regarding imprisonment, the state of Florida provides:

“At the court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward the term of imprisonment.”

Additionally, imprisonment for a first conviction is:

• Imprisonment for not more than six months.
• If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than nine months.

Additionally, your vehicle may be impounded and you may lose driving privileges for as much as a year for your first offense.

A DUI violation has additional penalties that may be assessed by the court. For more information regarding additional penalties, please see section 316.193, Florida Statutes.