After Orlando woman charged with drunken driving onto beach, what are Florida’s DUI laws?
Samantha NeelyA Florida woman was arrested over the holiday weekend and charged with DUI and reckless driving after driving a vehicle down a packed Smyrna Dunes Park beach, according to the Volusia County Sheriff’s Office.
Sarah Ramswammy, 26, of Orlando, nearly struck beach-goers, including a child, at roughly 50 mph before the vehicle ended up in the water. Sheriff's surveillance video of the aftermath shows the SUV parked in the water among foliage as visitors stand by, waiting for officials to assess the situation.
Ramswammy registered a 0.153 blood alcohol concentration, above the state's 0.08 legal limit, and was also cited for failure to obey a traffic control device, officials said. She was released on a $1,500 bond.
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In the Sunshine State, law enforcement clocks over 35,000 DUIs per year, with more than 38,000 DUIs in 2021.
Here's a quick refresher on what Florida's DUI laws look like:
What is the penalty for a DUI in Florida?
The penalties for a DUI within Florida are set by statutes, as well as by the number of prior DUI convictions and the circumstances of the incident.
A judge is permitted to assign jail, fines, and license revocation within the following parameters:
| First Conviction | Second Conviction | Third Conviction | Fourth or subsequent conviction | |
| Fines | Not less than $500 or more than $1,000.If blood/breath alcohol level (BAL) was 0.15% or higher, or if there was a minor in the vehicle, not less than $1,000 or more than $2,000. | Not less than $1,000 or more than $2,000.If BAL was 0.15% or higher, or if there was a minor in the vehicle, not less than $2,000 or more than $4,000. | Within 10 years from the second offense:- Not less than $2,000 or more than $5,000.- If BAL was 0.15% or higher, or if there was a minor in the vehicle, not less than $4,000.More than 10 years from second:- Not less than $2,000 or more than $5,000.- If BAL was .15% or higher, or if there was a minor in the vehicle, not less than $4,000. | Not less than $2,000.If BAL was 0.15% or higher, or if there was a minor in the vehicle, not less than $4,000. |
| Imprisonment | Six monthsIf BAL was 0.15% or higher, or if there was a minor in the vehicle, imprisonment for not more than nine months. | Nine monthsIf BAL was .15% or higher, or if there was a minor in the vehicle, imprisonment for not more than 12 months.If the second conviction was within five years of a prior conviction, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive. | If third conviction is within 10 years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive.If third conviction is more than 10 years of a prior conviction, imprisonment for not more than 12 months. | Imprisonment for not more than five years, or as provided in section 775.084, Florida Statutes, if habitual/violent offender. |
| License Revocation | Without bodily harm: 180 days to 1 yearWith bodily harm: 3 years minimum | Within five years from prior conviction: Minimum five years revocation. May be eligible for hardship reinstatement after one year.Second offense five or more years after the first conviction, the same revocation periods as the first offense apply. | Third offense within 10 years of the second conviction: Minimum 10 years revocation. May be eligible for a hardship reinstatement after two years.Third offense 10 or more years after the second conviction, the same revocation periods as the first offense apply. | Fourth conviction, regardless of when prior convictions occurred: Mandatory permanent revocation. May be eligible for hardship reinstatement after five years. If incarcerated, the revocation period begins upon the date of release from incarceration. |
| Impoundment or Immobilization of Vehicle | 10 days | 30 days | 90 days | N/A |
| Ignition Interlock Device (IID) | Possible 6 months (required if BAC of 0.15% or more) | 2 years | 2 years | N/A |
What about a DUI crash involving property damage or personal injury?
Refer to sections 316.193 (3), 775.082(4)(a), and 775.083(1)(d) within the Florida Statutes, a person who causes property damage or personal injury to another while driving under the influence is guilty of a first-degree misdemeanor (not more than $1,000 fine or one-year imprisonment).
As for repeat offenders:
- Any person convicted of a third DUI within 10 years of a prior conviction or a fourth or subsequent DUI, is guilty of committing a third-degree felony (not more than $5,000 fine and/or five years imprisonment).
- Any person who causes serious bodily injury while driving under the influence is guilty of committing a third-degree felony (not more than a $5,000 fine and/or five years imprisonment) or as provided in section 775.084, Florida Statutes if habitual/violent felony offender.
What is considered a felony DUI?
A third DUI that occurs within ten years of a prior DUI conviction can be charged as a felony while a fourth or subsequent DUI is a felony regardless of when the priors occurred.
Also, DUIs that result in serious bodily injury or the death of another person are considered felony offenses:
- DUI Manslaughter: Second-degree felony (not more than $10,000 fine and/or 15 years imprisonment).
- DUI Manslaughter/Leaving the Scene: A driver convicted of DUI manslaughter who knew/should have known the crash occurred but failed to give information or render aid is guilty of a first-degree felony (not more than $10,000 fine and/or 30 years imprisonment).
- Vehicular Homicide: Second-degree felony (not more than $10,000 fine and/or 15 years imprisonment).
- Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of a crash is guilty of a first-degree felony (not more than a $10,000 fine and/or 30 years imprisonment).
What is Implied Consent? Can you refuse a DUI blood or breath test in Florida?
The law requires all drivers lawfully arrested for a DUI to consent to a chemical test of their breath, blood, or urine to determine the presence and amount of alcohol or drugs.
Florida's Implied Consent Law imposes penalties on a driver who refuses to submit to an appropriate breath test, urine test, or blood test upon a lawful arrest for DUI.
- First Refusal: results in a 1-year driver’s license suspension;
- Second Refusal: results in an 18-month driver’s license suspension. A second refusal is also classified as a first-degree misdemeanor, with penalties of up to 1 year in jail or twelve months probation, and a $1,000 fine. In addition to these penalties, a refusal is admissible into evidence against the accused in any criminal proceeding.
Can a driver ever get behind the wheel again?
According to Nolo Legal Encyclopedia, a driver who is revoked for a DUI conviction or chemical test refusal may be eligible for a restricted license. The restricted license limits where the holder can drive, as well as require an IID, and often requires the holder to be enrolled in a substance abuse course or DUI supervision program.
Referring to sections 316.193, 322.271 and 322.291 in the Florida Statutes, here are the qualifications for DUI school:
- First conviction, must complete DUI school before hardship reinstatement. Customers who wait until the revocation period ends before reinstatement must show proof of enrollment or completion for driver's license to be reinstated. If a customer enrolls and is reinstated after the revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation. The driver's license cannot be reinstated until DUI school is completed.
- A second conviction in five years (five-year revocation) or a third conviction in 10 years (10-year revocation), the customer must complete DUI school following the conviction.
- DUI manslaughter with no prior DUI-related conviction, permanent revocation. Customers must complete DUI school before hardship reinstatement.
- Customers who wait until the revocation period expires must enroll in DUI school and pass the driver's license exams to be reinstated. Failure to complete the school within 90 days after reinstatement will result in cancellation of the license until the school is completed.
- Reckless driving, if the court has reason to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school if ordered by the court.