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Do I have to take alcohol counseling for the FL DMV?

Bradenton, FL |

Was arrested for a DUI which was reduced to a reckless. My licsense at time of arrest was suspended. Was told by public defender that I would only have court cost if took the reckless. I did. Later found out that FL DMV requried me to take the DUI 2 class because I had a DUI previously but it was over 5 years ago. I was not put on probation or anything else. Took DUI class and got my licsense reinstated. Driving school instucter at The State Colllege seem to thing I have to take mandatory alcohol counseling because of FL DMV rules. Is this so? When I asked the DMV about it they told me to ask the State College. I did have a DUI befor, but over 5 yrs ago. I did not get another DUI I got a reckless. I blew a .08 at the scene and lower at the jail. Is it mandatory/

Attorney Answers 8


  1. Yes you must do DUI school if you lost the DMV hearing. Even if the DUI was reduced to a reckless driving.


  2. If you are arrested for DUI in the State of Florida and you do not win at the DMV hearing your lisence will be suspended. This is seperate from what happens with the State Attoreny. The DMV requires that you complete DUI school before they will reinstate your license.


  3. Alcohol evaluation and any recommended treatment is a mandatory part of any DUI course.


  4. The answer depends on the specific facts of your case. It appears you blew under a .08, so I am assuming you had no administrative DL suspension from the DMV, and the Court did not suspend your license. Correct? However, the DMV required you to take the Level 2 DUI course, part if this course will be an evaluation to determine if you need alcohol counseling. If the DUI program determines that you need counseling you must complete that counseling or your driving license will be suspended by the DMV. It is highly likely that the DUI program will recommend that you receive alcohol counseling because of the prior DUI, part of the evaluation process looks and driving history as well as drinking incidents and behaviors. So, in short if the DUI school refers you to counseling you must complete it or your drivers license will be suspended, if they do not, you do not have to have alcohol counseling under your circumstances, there is no Mandatory counseling requirement.


  5. I need a little more information to be certain that the answer is yes. If you pled to Reckless Driving with alcohol involved, which is a subsection of the Reckless Driving statute, then you are required to comply with the DUI school requirement, and if recommended for treatment, which has apparently happened, you must follow through with all counseling. If you do not, the DHSMV revokes your license until you do. So, assuming that the plea was to reckless driving with alcohol involved, you had better finish the counseling.


  6. You should contact the court and find out. It should be crystal clear if you have to take a class or not, as it would be in an order from the court.


  7. You were arrested for a DUI and the citation you were given says that you blew a .08? If so, the administrative suspension process through the DMV would have began at that point. It is a seperate system than the criminal justice system. You are not entitled to a public defender in the administrative system, and they typically do not talk to you about the administrative process. The DUI school is run by the State College of Florida in this area and they require a substance abuse evaluation.


  8. This is a complicated, fact specific question and you should really speak to an attorney so they can review the details of your case and you can be sure you are receiving the proper instructions.

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