Facing a DUI charge means the possibility of severe consequences, including jail time, fines, and a driver’s license suspension or revocation. However, committing a DUI with a suspended or revoked driver’s license can significantly impact the outcome of a DUI case, including leading the court to impose harsher penalties for the offense.
Understanding License Suspensions
In Florida, committing a DUI will result in an automatic revocation of a driver’s license. The length of the revocation period will depend on the number of previous DUI offenses a driver has or whether their current offense involved aggravating factors such as causing an accident that results in injuries or fatalities. A first, second, or third DUI will result in a license revocation of 180 to 365 days. However, aggravating factors like causing injuries or having recent prior DUI convictions can increase the revocation period to three to 10 years, depending on the offense. A fourth or subsequent DUI or causing an accident that results in fatalities will result in a mandatory revocation of driving privileges.
Drivers who have their licenses revoked for a DUI conviction may seek a hardship reinstatement to drive for business or employment purposes after serving a mandatory minimum period of revocation and completing other requirements, such as DUI school or installing an ignition interlock device.
Florida also suspends driver’s licenses when motorists refuse a chemical test after a DUI arrest in violation of the implied consent law. A first refusal results in a one-year suspension, while a second or subsequent refusal results in an 18-month suspension (or permanent revocation of a CDL for a commercial driver).
The Legal Consequences of DUI on a Suspended License
Driving on a suspended or revoked license following a DUI conviction or chemical test refusal can result in separate criminal charges on top of a DUI charge. Under Florida law, a first offense of driving on a suspended or revoked license constitutes a second-degree misdemeanor offense, which carries a sentence of up to 60 days in jail. A second offense constitutes a first-degree misdemeanor, which carries a penalty of up to one year in jail. Finally, a third or subsequent offense constitutes a third-degree felony, which carries a penalty of up to five years in prison.
How Driving on a Suspended License Affects a DUI Prosecution
Driving on a suspended or revoked license can have a significant impact on a concurrent DUI prosecution. First, because driving on a suspended or revoked driver’s license constitutes a separate offense, a motorist arrested for DUI while driving on a suspended or revoked license can face a longer sentence. Driving under the influence of alcohol or drugs while holding a driver’s license suspended or revoked for a DUI-related offense may also result in a motorist becoming a habitual traffic offender under Florida law. This can increase the restrictions on a person’s right to drive and the penalties imposed for violating those restrictions.
Finally, a court may view driving on a suspended or revoked license as an aggravating factor warranting a more significant sentence if the driver gets convicted of DUI. Even though the court may have the discretion not to impose incarceration for a DUI conviction, it may choose to do so because the driver got behind the wheel while intoxicated despite knowing their license was already suspended or revoked for a DUI-related offense.
Defense Strategies
Following an arrest for DUI and driving on a suspended or revoked license, a driver may pursue various defense strategies to minimize the consequences. These may include challenging the validity of the underlying suspension or revocation, presenting evidence to show a lack of knowledge of the suspension or revocation, or contesting the prosecution’s case for the DUI charges.
Contact a DUI Defense Lawyer Today
If you were arrested for DUI while your license was suspended or revoked, you need experienced legal counsel to protect your rights and interests. Contact The Sombathy Law Firm today for an initial consultation with a Panama City, Florida, DUI defense lawyer to discuss your legal options for resolving your charges.
