State of Florida.com | Florida Driving Priveleges

Chapter 2

Chapter 2: Your Driving Privilege

Driving a motor vehicle in Florida is a privilege you earn. You cannot get a license in Florida under the following conditions:

• If your license is suspended or revoked in any state.
• If you are addicted to lớn drugs or alcohol.
• If you cannot drive safely because of mental or physical problems. Deafness alone will not prevent a person from being issued a driver license.
• If you are under the legal age for licensing (15 for Learners license, 16 for Class D or E).

Every driver who gets a license must drive safely to lớn keep it. If you break the traffic laws or become an unsafe driver, your license can be taken away. It can be suspended, revoked, or canceled.

When your license is suspended, it is temporarily taken away.

Suspensions, Revocations and Cancellations

Your license can be SUSPENDED if you:

• Make a fraudulent driver license application.
• Are not able to lớn drive safely.
• Allow your license to lớn be used for a purpose that is against the law.
• Are convicted in a traffic court and the court orders that your license be suspended.
• Refuse to lớn take a test to lớn show if you are driving while under the influence of alcohol or drugs.
• Misuse a restricted license.
• Earn a certain number of points for traffic offenses on the point system.
• Break a traffic law and fail to lớn pay your fine or appear in court as directed.

If your license is revoked, it is taken away for a period of 6 months to lớn life. In some cases, you may apply for a new license after a period of time.

Your license must be REVOKED if you are found guilty of, or department records show:

• Driving while under the influence of alcohol, drugs or other controlled substances.
• A felony in which a motor vehicle is used.
• Not stopping to lớn give help when the vehicle you are driving is involved in a crash causing death or personal injury.
• Lying about the ownership or operation of motor vehicles.
• Three cases of reckless driving within one year. Forfeiting bail and not going to lớn court to lớn avoid being convicted of reckless driving counts the same as a conviction.
• An immoral act in which a motor vehicle was used.
• Three major offenses or 15 offenses for which you receive points within a 5-year period.
• A felony for drug possession.
• Vision worse phàn nàn the standard minimum requirements.

A court may also order that your license be revoked for certain other traffic offenses.

Your license will be revoked for at least three years if you kill someone because of reckless driving.

Cancellation

If your license was issued because of a mistake or fraud (giving false information or identification), it will be canceled.

Point System

violation points*

length of suspension

In computing points and suspensionns, the offense dates of all convictions are used. Three points will be deducted from the driver record of any person whose driving privilege has been suspended only once under the point system and has been reinstated, if such person has complied with all other requirements.

NOTE: Serving a point suspensionn does not prohibit these convictions from being used to lớn accumulate additional suspensionns or revocations.

Mandatory Restriction For Minors

Any driver under the age of 18 who accumulates six or more points within a 12 month period is automatically restricted for one year to lớn driving for business purposes ONLY. If additional points are accumulated the restriction will be extended for 90 days for every additional point received.

Time Restrictions

A licensed driver who is under the age of 17 may not operate a motor vehicle between 11:00p.m. and 6:00a.m., unless accompanied by a driver, who is 21 years of age or older and holds a valid driver license, or the operator is driving to lớn or from work. A licensed driver who is 17 years of age may not operate a motor vehicle between 1:00a.m. and 5:00a.m., unless accompanied by a driver, who is 21 years of age or older and holds a valid driver license, or the operator is driving to lớn and from work.

Reinstatement và Administrative Hearings

If your driving privilege is suspended or revoked, you may be eligible to lớn apply for a hardship license or reinstatement. For eligibility information liên hệ the local Bureau of Administrative Reviews Offices, Driver License Office or the Customer Service Center in Tallahassee.

You can be charged with DUI if you are found to lớn be driving or in actual physical control of a motor vehicle in the state while under the influence of alcoholic beverages or controlled substances. Controlled substances include narcotic drugs, barbiturates, model glue and other stimulants — whether taken by swallowing, by sniffing, by smoking, by injection or by other means. You will be administratively suspended if you have a breath or or blood alcohol level of .08 or above or refuse to lớn submit to lớn a chemical test. This suspensionn is a mandatory period without a license. If you wish to lớn appeal this suspensionn, you must apply for a formal or informal review hearing at the appropriate Division of Driver Licenses, Bureau of Administrative Reviews Office within 10 days of your date of arrest. This suspensionn is in addition to lớn any penalties directed by the court. A DUI conviction will remain on your driving record for 75 years.

Some effects of drug and alcohol consumption are impaired judgement, slow reaction, poor vision, and concentration. A person's judgement is the first thing affected after drinking an alcoholic beverage.

Zero Tolerance

Any driver under 21 years of age who is stopped by law enforcement and has a breath or blood alcohol level of .02 or higher will automatically have their driving privilege suspended for 6 months. This is an administrative suspensionn and does not reflect as a DUI on the driver's record. If the driver refuses to lớn take a test, their driving privilege is automatically suspended for one year.

Penalties for DUI

Drinking and Driving

If you drink alcohol, even a little, your chances of being in an accident are much greater phàn nàn if you did not drink any alcohol.

No one can drink alcohol and drive safely, even if you have been driving for many years. Young drivers are more affected by alcohol because their bodies are still in the growth process, and their livers have not developed to lớn the extent that they can efficiently process the alcohol in their blood stream.

Because drinking alcohol and then driving is sánh dangerous, the penalties are very tough. People who drive after drinking risk heavy fines, higher insurance rates, loss of license and even jail sentences.

The Dangers of Drinking and Driving

Alcohol reduces all of the important skills necessary to lớn drive safely, such as judgement, reaction, vision and concentration. Alcohol is absorbed into the lining of the stomach and then passes directly into the bloodstream. It reaches your brain in đôi mươi to lớn 40 minutes. Alcohol affects those areas of your brain that control judgement and skill. This is one reason why drinking alcohol is sánh dangerous; it affects your judgement. Good judgement is important to lớn driving but in this case, judgement helps you to lớn know when to lớn stop drinking. In a way, it's lượt thích alcohol puts good judgement on hold. You tự not know when you have had too much to lớn drink until it is too late. It is a little lượt thích sunburn, by the time you feel it, it is already too late.

Alcohol slows your reflexes and reaction time, reduces your ability to lớn see clearly and makes you less alert. As the amount of alcohol in your body toàn thân increases, your judgement worsens and your skills decrease. You will have trouble judging distances, speeds and the movement of other vehicles. You will also have trouble controlling your vehicle.

If You Drink, When Can You Drive?

The best advice is if you drink alcohol, tự not drive. Even one drink of alcohol can affect your driving. With two or more drinks in your bloodstream you are impaired and could be arrested.

It takes about an hour for your body toàn thân to lớn get rid of each drink. Time is the only thing that will sober you up.

There are ways of dealing with social situations. Arrange to lớn go with two or more persons and agree which one of you will not drink alcohol. You can rotate among the group being a "designated driver". You can use public transportation or use a cab, if available.

Implied Consent Law

You will be asked to lớn take a blood, a urine or a breath test if a law enforcement officer thinks that you are under the influence of alcoholic beverages or drugs while driving. By law, if you drive in Florida, you have agreed to lớn take these tests if asked. If you refuse to lớn take the tests when asked, your license will automatically be suspended for one year. A second refusal will result in an 18 month suspension.

In DUI cases involving death or serious injury, you can be required to lớn take the blood test without your consent. The blood must be withdrawn by a doctor, nurse or other health professional.

If you are unconscious and cannot refuse the blood test, blood may be withdrawn. The results of the test may be used as evidence, even if you object after becoming conscious.

Other Drugs and Driving

Besides alcohol, there are many other drugs that can affect a person's ability to lớn drive safely. These drugs can have effect lượt thích those of alcohol, or even worse. This is true of many prescription drugs and even many of the the drugs you can buy without a prescription. Drugs taken for headaches, colds, hoặc fever or tother allergies or those to lớn calm nerves can make a person drowsy and affect their driving. Pep pills, "uppers" and diet they can cause a person to lớn be nervous, dizzy, unable to lớn concentrate and they can affect your vision. Other prescription drugs can affect your reflexes, judgement, vision and alertness in ways similar to lớn alcohol.

If your driving, kiểm tra the label before you take a drug for warnings about its effect. If you are not sure it is safe to lớn take the drug and drive, ask your doctor or pharmacist about any side effects.

Never drink alcohol while you are taking other drugs. These drugs could multiply the effects of alcohol or have additional effects of their own. These effects not only reduce your ability to lớn be a safe driver but could cause serious health problems, even death.

Illegal drugs are not good for your health and effect your ability to lớn be a safe driver. For example, studies have shown that people who use marijuana make more mistakes, have more trouble adjusting to lớn glare and get arrested for traffic violations more phàn nàn other drivers.

Emotions

Emotions can have a great effect on you driving safely. You may not be able to lớn drive well if you are overly worried, excited, afraid, angry or depressed.

• If you are angry of excited, give yourself time to lớn cool off. If necessary take a short walk, but stay off the road until you have calmed down.
• If you are worried, down or upset about something, try to lớn keep your mind on driving. Some find listening to lớn the radio helps.
• If you are impatient, give yourself extra time for your driving trip. Leave a few minutes early. If you have plenty of time, you may not tend to lớn tốc độ or tự other thing that can get you a traffic ticket or cause a crash. Don't be impatient to lớn wait for a train to lớn cross in front of you. Driving around lowered gates or trying to lớn beat the train can be fatal.

Other Serious Violations of the License Law

You can be put in jail or made to lớn pay a fine for the following offenses:

• Changing your license in any way. Any changes must be made by the Department.
• Unlawful use of your license, including allowing your license to lớn be used by another person.
• Making a fraudulent application for a driver license or identification thẻ.
• Having more phàn nàn one Florida driver license.
• Allowing an unlicensed person to lớn use your siêu xe, hiring an unlicensed chauffeur, or renting a motor vehicle to lớn someone without a license.
• Giving false statements to lớn an officer or in a courtroom.
• Knowingly giving false information in crash reports.
• Failing to lớn make crash reports.

Florida Motor Vehicle Insurance Laws

In Florida there are two motor vehicle insurance laws. They are the Financial Responsibility Law and the No-Fault law. It is important that you understand these laws because if you tự not have the proper insurance, you can lose your driver license and license plate(s) and have to lớn pay large fees to lớn get them back.

The Financial Responsibility Law

The reason for the Financial Responsibility Law is to lớn require owners and operators of motor vehicles to lớn be financially responsible for damages and/or injuries they may cause to lớn others when a motor vehicle crash happens.

This law requires any person to lớn have bodily injury, liability insurance at the time of the following:

1. A crash where you are at fault.
2. A suspensionn for too many points against your driver license.
3. A citation for DUI, which results in a revocation.
4. A revocation for Habitual Traffic Offender.
5. A revocation for any serious offense where this department is required to lớn revoke your license.

You must have the following minimum insurance coverage:

• $10,000 Bodily Injury Liability (BIL)
• $20,000 Bodily Injury Liability to lớn two or more persons.
• $10,000 Property Damage Liability (PDL), or
• $30,000 Combined single limits.

If involved in any of the above violations and you tự not have insurance to lớn comply with the Financial Responsibility Law, your driver license and/or license plate(s) will be suspended for up to lớn three years. You will have to lớn pay a $15 reinstatement fee and show the department certified proof of full liability insurance on Form SR-22 for three years to lớn get your driving privilege back.

In addition, if you are the driver or the owner of a vehicle which is in a crash that is your fault, this department can require you to lớn pay for the damages before your driving privilege is reinstated.

Under this law, to lớn protect yourself and others, you should have liability insurance on any motor vehicle you own or drive, including motorcycles.

The No-Fault Law

The Florida No-Fault Law requires owners of motor vehicles with four or more wheels (excluding taxis and limousines), that has been in the state for at least 90 days or non-consecutive days during the past 365 days to lớn purchase a policy delivered or issued for delivery in this state. The minimum coverages are:

• $10,000 of Personal Injury Protection (PIP)
• $10,000 of Property Damage Liability (PDL)

You cannot buy a license plate and registration for a siêu xe or other four wheel vehicle without having coverage issued in this state. Once you have this insurance, anytime you renew it, fail to lớn renew it, or cancel it, or the insurance company cancels, the insurance company must notify this department. The Department will then notify you to lớn provide proof of new coverage. If you then fail to lớn provide proof of insurance, your driver license and license plate(s) will be suspended for up to lớn three years.

You must maintain insurance coverage throughout the vehicle registration period. If your driver license and license plate(s) are suspended for not having insurance under the No-Fault Law, you will have to lớn pay $150 and show proof of insurance to lớn get them back. If it happens a second time within three years, you will pay $250. If it happens three times within three years, you will have to lớn pay $500.

Also, if your driver license and license plate(s) have been under suspensionn for 30 days or more for a no-fault insurance violation, a police officer can seize your license plate immediately.

General Information

You will be issued a Florida Insurance I.D. Card from your insurance company. You must have this thẻ ready to lớn show to lớn any police officer to lớn prove that you have the required insurance. If not, you may receive a ticket for not having proof of insurance.

If your driver license or license plate(s) are suspended for not obeying either of these laws, you cannot get a temporary license for any reason, not even for work purposes only. Any person who makes a false statement or commits forgery about their motor vehicle insurance can be guilty of a second degree misdemeanor.

The department will always provide you with an opportunity to lớn prove insurance coverage or be heard before being suspended.

How to lớn comply:

1. By purchasing a motor vehicle insurance policy from a company licensed to lớn tự business in Florida.
2. By obtaining a Financial Responsibility Certificate from the Bureau of Financial Responsibility after posting a satisfactory surety bond of a company licensed to lớn tự business in Florida.
3. By obtaining a Self-insurance Certificate from the Bureau of Financial Responsibility by depositing cash or securities with the Department.
4. By obtaining a Self-Insurance Certificate from the Bureau of Financial Responsibility by providing satisfactory evidence of possessing a net unencumbered capital...

Remember: Automobile insurance is an important part of your driving privilege. Protect yourself and others by having and keeping the proper insurance coverage.

Traffic Crashes — Your Responsibilities

1. Stop.
   If you are in a crash while driving, you must stop. If anyone is hurt, you must get help. You must also be ready to lớn give your name, address, and vehicle registration number; as well as show your driver license to lớn others involved in the crash.
2. Report the crash.
   If the crash causes injury, death, or property damage, it must be reported. Call the local police, the Florida Highway Patrol, or the County Sheriff's Office. If the crash involves a charge of driving under the influence (DUI) or results in death, injury, or property damage to lớn the extent a wrecker must tow a vehicle away, the officer will fill out a report.

   If the crash is investigated by an officer, you, the driver need not make a written report.

   If property damage appears to lớn be over $100 and no report is written by an officer, you must make a written report of the crash to lớn the Department of Highway Safety and Motor Vehicles within 5 days. The officer will provide you with a copy of the sườn for your records.

3. Move your siêu xe if it is blocking traffic.
   If your siêu xe is blocking the flow of traffic, you must move it. If you cannot move it yourself, you must get help or đường dây nóng a tow truck. This is true anytime your vehicle is blocking the flow of traffic whether it has been involved in a crash or not.
4. Appear in court.
   If you are charged in a crash, you may have to lớn go to lớn court. The officer who comes to lớn the scene of the crash will tệp tin charges against any driver who violated a traffic law. Anyone who is charged will have a chance to lớn explain to lớn the court what happened. The court will then decide what the penalty will be. Anyone who is not charged with violating the law may have to lớn come to lớn court as a witness.

NOTE: A driver convicted of leaving the scene of a crash involving death or personal injury will have his or her license revoked. The driver is also subject to lớn criminal penalties.

Crash Involving an Unattended Vehicle

If, while driving, you hit a vehicle with no one in it or if you damage any object that belongs to lớn someone else, you must tell the owner. Give the owner your name, address, and license plate number in person or in a note attached to lớn the object that was hit. Report the crash immediately to lớn the proper law enforcement agency.

Littering

Drivers are responsible for any littering from their vehicles. Use ashtrays for cigarettes and litter bags for trash while riding in motor vehicles. Empty ash trays and litter bags only into trash cans.

LITTERING IS A CRIME. PEOPLE WHO THROW TRASH ON PUBLIC STREETS AND HIGHWAYS CAN BE FINED UP TO $500.00 OR JAILED UP TO 60 DAYS. YOU CAN BE CHARGED WITH A FRIST-DEGREE MISDEMEANOR AND FINED UP TO $1000.00 IF DUMPING MORE THAN 15 POUNDS OF TRASH.

The court may also require you to lớn pick up litter along roadways.

Road Damage

It is against the law to lớn damage the roads by driving on the rim of a flat tire or by any other means.

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