Effective January 1, 2000, if a person is convicted of DUI, and at the time of the offense, the person’s drivers license was suspended, revoked, or canceled due to a prior DUI conviction, the motor vehicle being driven by the person at the time of the arrest is subject to seizure, forfeiture and/or lien (towing and storage charges).

The Reckless Driving statute, Section 316.192(4) provides that the court shall order completion of a DUI program if the court has reasonable cause to believe that the use of alcohol, chemical substances or controlled substances is involved. Amendments to this statute now require treatment completion if referred by a DUI program. Provision is also made for the cancellation of the driver’s license if the DUI program and any referral to treatment are not completed.

The DUI statute, Section 316.193(5) provides that the court must order all offenders convicted of violating this section to complete the DUI program. Amendments now also require treatment completion if recommended by a DUI program and provision for the cancellation of the driver’s license if the DUI program and any referral to follow-up treatment are not completed.

Chapter 15A-10.025 of the Florida Administrative Code requires State of Florida licensed DUI programs to place a person in a Level II DUI program if the defendant has previously attended Level I, or has been convicted two or more times of an offense requiring DUI program attendance.

For example, if a defendant is enrolling in a DUI program for a current DUI arrest/conviction and has a previous conviction for DUI, BUI, Reckless with alcohol involvement, or Administrative license suspension, the defendant will be placed in a Level II DUI program.

Effective June 1, 2000, Section 318.1451, Florida Statutes, prohibits any governmental entity or court from providing or maintaining a list of driver improvement schools or providers. This statute does not apply to DUI programs. Defendants seeking a driver improvement school should be referred to the telephone directory.

This article was written in conjunction with Bonnie Scott-Walls, the judicial liaison for the Bureau of Driver Education and DUI Programs of the Department of Highway Safety and Motor Vehicles

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