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Fort Myers DUI/DWI Law Blog

How much does license reinstatement cost?

If you have had your driver's license suspended for driving under the influence or refusing to submit to a breath test, you may be experiencing all sorts of problems. If you live in Fort Myers, or another part in the state of Florida, you could be unable to get to work or take care of life's daily responsibilities (such as grocery shopping or picking up your children from school). As a result, it is important to understand what is required to reinstate your license and the fees you will have to pay.

Aside from finishing or enrolling in DUI school, you will be required to pay different fees to have your driver's license reinstated, according to the Florida Department of Highway Safety and Motor Vehicles. Drug and alcohol offenses result in a $130 administrative fee, which is on top of a $75 fee for a license revocation or a $45 fee for a license suspension. Additionally, DUI programs, which you need to enroll in or complete before your license can be reinstated, carry a $15 fee. If you need to have an ignition interlock device installed in your vehicle, you will have to pay a $12 fee as well.

Can authorities test my blood alcohol level if I am unconscious?

If you are accused of driving under the influence, your life may change in various ways. Aside from time behind bars and costly fines, having a DUI on your record could haunt you for years to come. The drunk driving laws in Fort Myers, and other parts of Florida, may be different in comparison to other states. As a result, it is crucial to find answers to any questions you have, such as whether or not law enforcement officials can measure your BAC level while you are unconscious.

According to the Florida Department of Highway Safety and Motor Vehicles, authorities are able to administer a blood test to determine your blood alcohol level if you have lost consciousness. In this state, you are not considered to have revoked your consent to a blood alcohol level test because you have lost consciousness or cannot refuse to be tested due to a physical or mental condition. If you find yourself in this position, law enforcement officials can administer a blood test without telling you that a refusal will cause your driving privileges to be suspended.

How to challenge field sobriety test results and other evidence of DUI

Imagine you are driving home after a late night celebrating with friends at a local bar. You've had a couple drinks but don't feel intoxicated. Still, you can get incredibly scared if you see the red and blue lights flashing in your rearview mirror.

In these situations, police often approach your car and immediately start looking for signs of suspicious behavior. These signs could be incredibly minor or subjective, so it is critical to remember that if you have been accused of drunk driving, you are innocent until proven guilty and you can challenge the observations and conclusions of the arresting officer.

How do I reinstate my license after a fourth DUI?

When it comes to drunk driving charges, there are a variety of factors that can affect your case and have an impact on the consequences you face. For example, if you have any previous DUIs in Fort Myers, or another part of the state, the repercussions could be more serious. In Florida, the penalties vary, depending on the number of DUIs on your record. If your driver's license has been revoked, daily life may be very difficult. Perhaps you are unable to get to work or take care of family-related responsibilities. As a result, it is important to familiarize yourself with the license reinstatement requirements.

According to the Florida Department of Highway Safety and Motor Vehicles, a fourth DUI (or any additional DUIs thereafter) will result in a five-year license revocation period. You will not be able to receive a hardship license during this time frame. After five years, you can apply for a hardship license if you have completed any necessary treatment and DUI school. Furthermore, the Special Supervision Services Program must give you a recommendation. When you reinstate your license, you will need to pay a revocation reinstatement fee, license fee and administrative fee.

Teen drivers and blood alcohol levels

According to the Centers for Disease Control and Prevention, 11 percent of high schoolers who are over the age of 16 admitted to driving under the influence of alcohol in 2011. In Fort Myers, and all over the state, young drivers who find themselves accused of underage DUI often face harsh consequences, such as license suspension and even problems with people in their social circles and family members. Moreover, it is vital for young drivers to recognize that DUI laws are different for those who have not reached the legal drinking age.

For drivers who are under 21 and asked to take a BAC test by a law enforcement official, a BAC level reading which is .02 or higher will result in a six month license suspension, according to the Florida Department of Highway Safety and Motor Vehicles. A repeat offense or refusal to submit to a breath test will result in the suspension of a driver's license for one year. However, when a driver who is under 21 refuses to submit to a breath test for the second time, they will have their license suspended for 18 months.

What does implied consent mean?

When it comes to drunk driving, the laws vary from one state to another. If you live in Fort Myers, it is very important to recognize where Florida stands on certain matters and understand key terms, such as implied consent. If you refuse to submit to a breath test, you could face a wide range of consequences if you are apprehended, including the suspension of your license and even prison time, depending on the circumstances.

If you are taken into custody in the Sunshine State and authorities have reason to believe that you were driving drunk, you are considered to have given your consent to a physical or chemical test that will determine whether or not you were intoxicated, according to the Florida Senate. You may be required to take different types of tests, such as a breath, blood or urine test. Refusing to submit to such a test will lead to one year of imprisonment the first time and 18 months behind bars for any subsequent offenses.

How long do I have until my license can be reinstated?

If you are charged with driving under the influence, you could face all sorts of consequences, from a damaged reputation and time behind bars to costly fines and license suspension. Without a driver's license, you may be unable to get to work or handle other important responsibilities. If you live in Fort Myers, or another part of Florida, and find yourself in this position, it is essential to figure out how just how long you have until you can reinstate your license.

According to the Florida Department of Highway Safety and Motor Vehicles, there are a number of factors that impact the amount of time it will take until you can have your driver's license reinstated. For example, a first-time offense results in license revocation for 180 days to one year (three years if it caused a serious injury). You may be able to apply for a hardship license during this time frame and will also need to prove that you are enrolled in or have already finished DUI school.

Statistics on teenagers and drunk driving

When teenagers make the decision to get behind the wheel after consuming alcohol, their life may unravel in an instant. In Fort Myers, Florida, and across the nation, teens not only face the risk of serious injury and death, but may find themselves in legal trouble as well. Unfortunately, many teenagers have had their futures negatively affected or even ruined due to a one-time decision.

According to the National Highway Traffic Safety Administration, teenagers who are involved in a drunk driving accident are much more likely to lose their lives, when compared to the rest of the population. In fact, 31 percent of drivers between the ages of 15 and 20 who died in a car accident during 2006 were under the influence of alcohol.

Breath test refusal and license reinstatement

According to the Florida Legislature, when drivers refuse to submit a breath test after being pulled over in the state, their driver's license is suspended. In Fort Myers, and elsewhere in the state, driving privileges are suspended for one year for those who refuse a breath test for the first time and as many as 18 months for those who have already had their license suspended because they refused a breath test in the past, which can make life very challenging.

On the Florida Highway Safety and Motor Vehicle's website, an overview of the license reinstatement process for those who refused a urine or breath test is provided. First, some drivers may apply for a hardship license after serving 90 days of their license suspension, but others are not eligible (such as those who have refused breath tests twice and commercial vehicle drivers). However, individuals must prove that they are enrolled in a drunk driving school and finish the course no more than 90 days after their license is reinstated.

What if I refuse a breath test while in a commercial vehicle?

In a previous post, the consequences of being charged with driving a commercial vehicle while under the influence of alcohol were examined. However, if you are a commercial vehicle driver, it is important to understand all of the laws as well as the potential consequences of other offenses related to drunk driving. For example, you should be aware of the penalties you may face for refusing a breath test while driving a commercial vehicle in Fort Myers, or any other city across the state of Florida.

According to the Department of Highway Safety and Motor Vehicles, if you refuse to take a breath test while driving a commercial vehicle, you will be disqualified from operating a commercial vehicle for no less than one year. Furthermore, you will not have the right to obtain a hardship license. Once your disqualification has expired, your can have your commercial driver's license reinstated by paying the appropriate fee.

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