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New 4th DUI law in Florida
Asked 9 months ago - Saint Petersburg, FL
Do I need to retake the level II DUI class for my 4th DUI even though I completed it after my 3rd and it wasn't part of my 4th DUI sentencing ?
Additional information
Thank You for your responces, perhaps I should have added more detail to my question. I got the 4th dui in Jan. 2005 (charged as M2) and my license was revoked for "indefinite". I began writing my legislators in 2008 (the beginning of my 4th year of sobriety) and in 2010 posed some interesting questions based on my research into Supreme court cases on "Permanent License Revocations". I don't know if I had anything to do with the law change, but they changed it that year-quick ! I know I have to enroll in the Special Supervision Services Program (SSSP), but do I have to retake the level II class also? (for a total of about $700 for both) The DHSMV has not responded to my question. P.S. you have to have an ignition interlock for 5 years.
Thank You for your responces, perhaps I should have added more detail to my question. I got the 4th dui in Jan. 2005 (charged as M2) and my license was revoked for "indefinite". I began writing my legislators in 2008 (the beginning of my 4th year of sobriety) and in 2010 posed some interesting questions based on my research into Supreme court cases on "Permanent License Revocations". I don't know if I had anything to do with the law change, but they changed it that year-quick ! I know I have to enroll in the Special Supervision Services Program (SSSP), but do I have to retake the level II class also? (for a total of about $700 for both) The DHSMV has not responded to my question. P.S. you have to have an ignition interlock for 5 years.
Attorney answers (3)
Best Answer
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As stated in the first answer, the judge should have ordered DUI school and any required alcohol counseling as a condition of probation; however, sometimes judges might decide not to impose conditions that don't make sense to them. In your case, the judge might have decided that it made no sense to order you to attend a driving school when your license was being revoked for life. As long as the State did not file a timely appeal of the sentence, then it would stand. You do need to be very certain that the Order of Sentence and conditions of your probation are clear in not requiring DUI school. I agree that you should review the Order, or even better, have an attorney review it and discuss all conditions of probation with your P.O.
At any rate, you will have to complete the level II DUI school and any recommended counseling before you can obtain a reinstatement of your driver's license. Also, you will have to refrain from any alcohol or drug use, any driving and any drug-related arrests while you are on your revocation period. For right now, that is a ten-year period. However, as of Oct. 1, 2011, you will only have to wait five years before you can apply for a reinstatement of your driver's license. The process is not easy and you will have to be on DUI supervision by DMV, as well as only having an employment purposes only permit for the first year, but at least you will have hope of once again being able to drive legally. Good luck!
At any rate, you will have to complete the level II DUI school and any recommended counseling before you can obtain a reinstatement of your driver's license. Also, you will have to refrain from any alcohol or drug use, any driving and any drug-related arrests while you are on your revocation period. For right now, that is a ten-year period. However, as of Oct. 1, 2011, you will only have to wait five years before you can apply for a reinstatement of your driver's license. The process is not easy and you will have to be on DUI supervision by DMV, as well as only having an employment purposes only permit for the first year, but at least you will have hope of once again being able to drive legally. Good luck!
Legal disclaimer: this response is not intended to create any attorney-client relationship and is based on the... more
By statute the judge was required to order you attend and complete the DUI counterattack class. Florida safety counsel will automatically recommend level II based on your priors. You might want to recheck your paperwork because barring a mistake by the court you are absolutely required to take that class otherwise you might violate your probation. After reviewing your paperwork from court, contact your probation officer and confirm exactly what sanctions you need to complete in order to successfully comply with probation. In any event, if it a 4th DUI your license has been suspended for the rest of your life. However, you will be eligible to request a hardship license in five years. If DHSMV grants you a hardship at that time, one of the requirements will be to complete the DUI class if you haven't done it already (along with a ignition interlock device for two years). Good luck.
If, as you state, it was not part of your sentence, you do not need to complete the class as part of probation. Your probation officer can clear this up for you.
After 5 years you may be eligible for a hardship license under a very difficult DMV supervision plan. In order to have a hardship license you will have to complete DUI Level II and navigate several other requirements by the DMV.
After 5 years you may be eligible for a hardship license under a very difficult DMV supervision plan. In order to have a hardship license you will have to complete DUI Level II and navigate several other requirements by the DMV.
