THE HUMAN FACTORS

MODULE 4: DUI PREVENTION (B)

SUBJECT 1: Legal Consequences

The Florida Statutes are perfectly clear; it is strictly forbidden to drive any motorized vehicle if your
faculties are impaired. The presumptive limit is .08 grams of alcohol per 100 ml of blood or .08 grams of
alcohol per 210 ml of breath, more commonly known as "point zero eight". For those of you with children
or grandchildren under the age of 21, Florida Statutes, have stricter conditions which apply to new drivers.
The rule here is "zero tolerance" and it means what it says: If they are under 21, they may not drive with a
blood or breath alcohol level of .02 or higher. With alcohol related collisions being the number one killer of
persons aged 6-33, you may want to consider talking to your younger children or grandchildren about not
using alcohol or other drugs at all or at least waiting until after they turn 21.

Florida's "Alcohol/Controlled Substance DUI Law," in effect since July 1, 1982, is one of the toughest in
the United States. Now, first time offenders convicted of DUI can be assured of losing their driver license
for at least six months, paying a $250 fine, performing 50 hours of community service, and mandatory
attendance at a substance abuse school.

DO NOT DRIVE if you have been drinking or taking

drugs. More than 32% of all Florida crashes and 40%
nationally in which someone is killed involve a driver
who has been drinking or taking drugs. There is no
safe amount to use when you are going to drive. In
spite all of the warnings, there are still those among us
who continue to drive under the influence. For those
individual drivers, the severity of the legal
consequences increases with each repeat of this
offense.

At what Blood Alcohol Concentration are you

considered impaired?

Driving Under the Influence (DUI) at any BAC level

may be used as legal evidence in conjunction with
other indicators of impairment. A BAC of .08 and
above creates a presumption of impairment.

What are the fines or can I be imprisoned for a DUI?

If you are convicted of a DUI, you will come into

penalties for your inappropriate behavior. These
consequences would consist of combinations of the
following:

Fine for First Conviction: Not less than $250 - Not

more than $500
Imprisonment: Not more than six months

Fine for Second Conviction: Not less than $500 - Not more than $1000
Imprisonment: Not more than nine months
Fine for Third Conviction: Not less than $1000 - Not more than $2500
Imprisonment: Not more than 12 months

Fine for Fourth or Subsequent Conviction:Not less than $1000:

Imprisonment: Not more than 5 years

NOTE: The fines and imprisonment are higher if the BAC is .20 or higher or if a
minor is present in the vehicle.

If I am convicted of a DUI can I lose my driving privilege?

Yes. The amount of time that your driving privilege is revoked depends on which
conviction applies to you. As the number of convictions increase, so does the
length of the revocation.

First Conviction - License Revocation at least 180 days (up to one year).
Second Conviction - License Revocation at least five years, if within five years of previous conviction.
Third Conviction - License Revocation at least 10 years, if within 10 years of first conviction. Please note
that with a recent law change, a third conviction within 10 years of the first conviction is a felony.
Fourth and subsequent Conviction - This results in a permanent revocation of your driving privilege and is
also a felony.

What will happen if you refuse to take a blood test, urine test, or a breath test?

If you refuse to take any sobriety test required by law when asked, your license will be
suspended for one year for the first refusal or 18 months for persons with previous
suspensions. A new law became effective July 1, 2002, 316.1932(2)(C) Florida Statues,
states that a second or subsequent refusal of any sobriety test required by law is now a
misdemeanor. This second or subsequent refusal is now a criminal offense.

What is the time of suspension for a person under the age of 21 who has a alcohol level of .02 or higher?

Effective October 1, 1996, the law provided that it is unlawful for someone under age 21 to drive or be in
actual physical control of a motor vehicle with a blood or breath alcohol level of .02 or higher. The
suspension period is six months for a first violation or one year if the offenders driving privileges have
been previously suspended for the same offense.

Please note
Effective July 1, 2003, a second or subsequent conviction for DUI will result in the installation of an
ignition interlock system on the vehicle. An ignition interlock is a device that requires you blow into the
device. The device will then measure your blood alcohol content. If you have any alcohol in your breath,
the device will not allow the car to start. For your first conviction with a BAC of .20 or higher, the device
will be mandatory for 6 months. For a second or subsequent conviction the device will be mandatory for
one year, with a BAC of .20 or higher, two years.

RESOURCES:
Florida Statutes, sections 316.193 and 316.1934.

THE HUMAN FACTORS

MODULE 4: DUI PREVENTION (B)
SUBJECT 2: Financial Consequences Of DUI

If you have ever driven under the influence, stop to consider the costs of what could happen. You could
kill yourself or an innocent bystander. The loss that we all suffer annually through impaired driving is
staggering as mentioned earlier. Let us look at what this one beer actually costs.

What are some of the associated personal costs for DUI? What do you think are some estimates?

Some of the associated costs of a DUI are:

• Towing - $150
• Lawyer - $3500
• Fine - $250 to $500
• DUI School - $190 to $285
• Insurance - $1500
• Lost Wages - $1000
• Court Costs - $450
• Substance Abuse Evaluation - $75
• Treatment - $400
• License Reinstatement - $155

• Cost Recovery - $350

That "one" beer cost you in the neighborhood of $8000. You could have made a down payment on a
really nice car, a house or some other substantial piece of property with that money. The price per beer
goes up for a second or subsequent DUI. What else could you do with $8000?1

What are some of the losses to society as a result of DUI?

In fatal crashes, the loss is what that person could have done with their life if they were part of the future.
We have no way of estimating what that person would have accomplished if he or she remained alive. For
those who are injured, we all bear the cost of their rehabilitation, either directly when we pay their bill
through public assistance because they cannot, or indirectly through higher insurance and health costs.
For those that are permanently disabled, we pay to support them for the rest of their lives.

For those convicted of this crime, society has to pay for their defense and for police and paramedics to go
to the crash scene to clean up the damage. In case of death, the police have to inform loved ones of the
demise of someone close to them. There is then subsequent suffering in your family or another's from the
loss of someone close to them.

RESOURCES:
Florida Department of Transportation, Beer Costs $8025, Metro-Dade Police Department, 1996, number
1.

THE HUMAN FACTORS

MODULE 4: DUI PREVENTION (B)

SUBJECT 3: Ways To Avoid Driving Impaired

Obviously no one should drink and drive. Once you start drinking, your vision, mobility and
comprehension are affected. However, if you choose to consume alcohol, think before you drink. There
are many ways to consume alcohol and not get behind the wheel of a motor vehicle. Just think of what
you would rather do than spend $8000 on a DUI conviction.

What are some clues you can use to avoid the impaired driver through driving defensively?

There are some visual clues for the defensive driver to spot and then avoid the impaired driver. The
impaired driver might be exhibiting one or more of the following behaviors: no lights, straddling lanes,
weaving, stopping without cause, tailgating, driving well below the posted speed limit, inconsistent
signaling and abrupt turns. When you see this activity, avoid this driver. Also be aware of your
surroundings. Avoid the parts of town where the bars and nightclubs are located. Do not drive late at night
on weekends and watch for impaired drivers crossing the center line1.

What are some alternatives to driving impaired?

THINK OF A WAY TO GET HOME WITHOUT DRIVING:

If you do choose to drink, please do not drive. There are other ways to travel
after consuming alcohol. Always plan ahead, pick a designated driver (the
designated driver does not drink at all), drink at a friend's house and spend the
night, take a taxi, or consider not consuming alcohol at all2.