Various alcohol-related laws and the consequences of breaking those laws
This topic introduced you to various alcohol-related laws and the consequences of breaking those laws.
If you refuse to submit to a breath, urine, or blood test in the State of Florida, it becomes admissible as evidence in DUI criminal proceedings. If you are not capable of refusing to submit to a test because you are unconscious, the authorities still have the right to perform the test. And for people under the age of 21, portable alcohol breath testing devices can be used and the evidence is admissible in any administrative hearing.
In the State of Florida, the possession of alcoholic beverages by persons under the age of 21 is against the law. There are severe consequences for anyone caught breaking this law.
In the State of Florida, the penalties for DUI become progressively more severe depending upon the number of convictions and the blood alcohol level found. There is a specific fine schedule established to address the penalties for DUI convictions.
In addition to the fines, there are other penalties that can be imposed for DUI convictions. They include imprisonment, impounding of your vehicle, installation of an interlock device, a felony conviction, and driver license revocation periods.
The State of Florida assesses drivers convicted of various driving infractions a certain number of points. The points are cumulative and can result in the loss of your driver license.
There are many reasons your license can be revoked, suspended, and cancelled. There are also mandatory restrictions that apply to drivers who are under the age of 18, such as the various times a driver is not allowed to drive.
If your driving privilege is suspended or revoked, what are the next steps?
This module will cover those topics and Florida’s ZERO TOLERANCE law - it is not just a familiar phrase, it is a serious law to remember.
This module covers driver license revocation, suspension, and cancellation. The topics that will be covered include:
Revocation of a license is defined as a formal action to terminate a license. The license, from then on cannot be renewed or restored. It can only be replaced when you apply for a new license.
Your license must be revoked if you are found guilty of:
Disqualification for Commercial Drivers
The Administrative Disqualification Law states that a commercial driver will be prohibited from operating a commercial vehicle if convicted of the following:
Refusal to submit to a breath, urine, or blood test arising from the operation of a commercial motor vehicle: permanently disqualified
Suspension, on the other hand, is less severe and results only in the temporary withdrawal of a person's license or driving privileges.
Your license can be suspended if you:
Cancellation occurs if your license was issued because of a mistake or fraud (giving false information or identification) or because you did not complete a department mandated course.
3. Mandatory Restrictions for Minors
If you are under the age of 18 and accumulate six or more points within a 12-month period, you are automatically restricted for one year to driving for "Business Purposes ONLY." If any additional points are accumulated, the restriction is extended for 90 days for every additional point received (FS 322.27, FS 322.271).
If you are a licensed driver and are under the age of 17, you may not operate a motor vehicle between 11:00 p.m. and 6:00 a.m., unless you are accompanied by a driver who is 21 years of age or older who holds a valid driver license, or you are driving to and from work.
If you are a licensed driver who is 17 years of age, you may not operate a motor vehicle between 1:00 a.m. and 5:00 a.m., unless you are accompanied by a driver who is 21 years of age or older who holds a valid driver license, or you are driving to and from work (FS 322.1615).
4. Reinstatement and Administrative Hearings
If your driving privilege is suspended or revoked, you may be eligible to apply for a hardship license or reinstatement.
For eligibility information, you should contact the local Bureau of Administrative Reviews office, driver licenses office, or the Customer Service Center in Tallahassee.
Even if your driver license has been permanently revoked because you have been convicted of manslaughter while driving under the influence, you may be able to get a restricted license. If ten years have passed since a driver's privileges were revoked and there are no prior convictions for a DUI-related offense, he or she may be eligible for a hardship license. To qualify, the driver must prove that he or she has not been arrested for a drug-related offense, has not driven a motor vehicle without a license, and has been drug free since his or her conviction. The driver must also complete a DUI program. The Department of Highway Safety and Motor Vehicles will then determine if the driver meets all the requirements and may reinstate the driver's privileges so that the driver may drive to and from work only. Effective October 1st, 2011, the ten year wait period changes to a five year wait period (FS 32.271).
Not only can you be charged with DUI if you are found to be driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages, but also under the influence of controlled substances.
Controlled substances that can lead to a DUI include:
If a person refuses to submit to any lawful breath, blood or urine test will result in the suspension of the person’s privilege to operate a motor vehicle for a period of one(1) year for the first refusal, or for a period of 18(eighteen) months if the driving privilege of such person has been previously(second or subsequent time) suspended as a result of a failure to submit to such a chemical or physical test.
5. Zero Tolerance
If you are less than 21 years of age, have been stopped by law enforcement, and have a breath or blood alcohol level of .02 or higher, you will automatically have your driving privilege suspended for six months.
If you are a driver under 21 with a breath or blood alcohol level of .05 or higher, you will be required to attend a substance abuse course. An evaluation will be completed and your parents or legal guardians will be notified of the results if you are under the age of 19.
If you have a breath or blood alcohol level of .08 or higher, you can be convicted for driving under the influence (DUI). If you refuse to take a test, your driving privilege is automatically suspended for one year (FS 322.2616).
In this module you learned about Florida’s laws related to driver license revocation, suspension, and cancellation.
The revocation of a license is defined as a formal action to terminate a license, which from then on cannot be renewed or restored, but can only be replaced when you apply for a new license. There are many violations that may result in your license being revoked.
Suspension is less severe. It is the temporary withdrawal of your license or driving privileges. Similar to revocation, there are multiple ways the court system can suspend your license. Your license can also be cancelled if it was issued by mistake or because fraud was discovered.
If you are under the age of 18 and accumulate six or more points within a 12-month period you are automatically restricted for one year to driving for business purposes only. There are also certain driving time restrictions that apply to a driver who is under the age of 17.
If your driving privilege is suspended or revoked, you may be eligible to apply for a hardship license or reinstatement. You need to check with your local Bureau of Administrative Reviews office.
You can also be charged with DUI if it is determined that you are under the influence of certain controlled substances such as prescription drugs. The State of Florida has a zero tolerance policy when it comes to driving under the influence of alcohol. You will have your license suspended if you are less than 21 and you have a BAL of .02 or higher.
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Florida TLSAE/Drug & Alcohol 4 hour Course Online
Who is required to take this 4-hour drug and alcohol course?
This is a first-time drivers ed course for new aspiring drivers. The state of Florida requires all new drivers take a 4-hour drug and alcohol course. If you want your Permit License you must take this course. You can take the DATA course when you are 14 1/2. You can sign up right now at our website. Our course is easy and fun!
Florida first time driver course required to get a Florida drivers license. Florida first time driver courses teach drivers how drugs and alcohol affect driving,. In that situation you have to go home, make a new appointment and return the DMV. Every new driver is required to take a Florida TLSAE course.
Enroll your Florida 4 hour drug and alcohol course online and meet your learner's permit requirement.
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