Unlawful Driving After a Miami DUI
By Jonathan Blecher on October 13, 2016
After someone is convicted of driving under the influence (DUI) under Sec. 316.193 of the Florida Statutes, they will face a series of penalties, such as: 50 hours of community service, a fine ranging from $500 to $2,000, DUI School, up to 9 months in jail, up to one year driver’s license revocation, and probation.
If the driver was convicted of their first DUI offense, they may not have been ordered to install an Ignition Interlock Device (IID), but if their blood alcohol level (BAL) was 0.15% or greater, or if there was a minor in their vehicle, then they may have been ordered to install an IID for a period of at least 6 months.
On the other hand, the driver may have been ordered to install an IID so they could receive a restricted driver’s license. Regardless if the person was ordered to install an IID or not, the courts frown upon people who drive while their driver’s license is
suspended or revoked for DUI.
In fact, if your driver’s license is suspended or revoked for DUI and you are caught driving without a valid license or a restricted license, you will face criminal charges, separate from your DUI case.
Driving on a Suspended or Revoked License After DUI
Driving on a suspended or revoked license is covered under Section 322.34 of the Florida Statutes. Under this section, any driver who drives after their license has been suspended or revoked, except a “habitual offender” as explained under
Sec. 322.264, is guilty of a misdemeanor of the second degree for a first offense, punishable by 60 days in jail and a fine not to exceed $500.
If the DUI defendant drives on a suspended or revoked license for a second time, they face
first degree misdemeanor charges, punishable by up to one year in jail and by a maximum $1,000 fine.
If your driver’s license is suspended or revoked after a Florida DUI, please resist the urge to drive until you obtain a restricted license or until your license is reinstated. Otherwise, you face new criminal charges and that’s the last thing you need.
If you are facing DUI charges in Miami-Dade County, I urge you to contact me for a free case evaluation. As a former prosecutor with over 30 years’ experience in DUI defense, I can help!