Major Traffic Laws of Florida (Part 1)

Graduated Licensing and Insurance

In the state of Florida, there are several classes of driver’s licenses.  To legally drive a non-commercial vehicle in the state of Florida, you must carry either a Class E Florida driver’s license or a driver’s license issued by another state or country.  Once you move to our state, you must obtain a Florida driver’s license within 30 days of becoming a resident.

If you want to drive a commercial vehicle, such as a large truck or bus, you will need a commercial driver’s license.  There are three classes of commercial driver’s licenses—Class A, Class B, and Class C—depending on the type of commercial vehicle to be driven.

Prior to receiving a Florida driver’s license, those under the age of 18 are required to carry a learner’s license.  The learner’s license must be held for one year or until age 18, at which time the driver can apply for a driver’s license.  A driver with a learner’s license must abide by the following restrictions: (s. 322.05 F.S.)

• At all times, must be accompanied by a licensed driver, 21 years of age or older, in the front passenger seat closest to the right of the driver

• During the first three months, can only drive during daylight hours

• After the first three months, can drive between 6 a.m. to 10 p.m.

For a driver under the age of 18 who obtains a driver’s license, the following age restrictions apply: (s. 322.16 F.S.)

• Age 16 – may not drive between 11:00 p.m. and 6:00 a.m.
• Unless accompanied by a licensed driver age 21 or older, or
• Unless driving to or from work
• Age 17 – may not drive between 1:00 a.m. and 5:00 a.m.
• Unless accompanied by a licensed driver age 21 or older, or
• Unless driving to or from work

Some additional restrictions may accompany the issuance of a driver’s license.  For example, the driver’s license may indicate that a person must wear corrective lenses (eye glasses or contacts) to drive.  Or the license may indicate that a person must have a seat cushion or a pedal extension to drive, or a person may be restricted to driving in the daytime only.  If a driver violates a restriction, a traffic citation can be issued, and the driver’s license can be suspended.  Most traffic violations are non-criminal moving violations, but failing to abide by a driver’s license restriction is a criminal offense, and the offender will have a criminal record. (s. 322.16 F.S.)

If you are the owner or operator of a motor vehicle, you are required to be covered by two types of insurance.  The Financial Responsibility law requires you to carry liability insurance to pay for the injuries and damage you cause to others in a crash.  The No Fault Law requires you to carry no-fault insurance to pay for your injuries in a crash, regardless of who was at fault. (s. 324.021 F.S.)

In our state, insurance companies are required to issue a Florida Insurance Card as proof that a vehicle owner has the required minimum insurance coverage.  If you are not carrying this card, a law enforcement officer can issue a ticket, and if you do not have insurance, your driver’s license will be suspended.

As part of our discussion on the financial responsibilities associated with driving, it is important to realize that if you are driving a vehicle owned by your parents, they will be held liable for damages or injuries caused by your driving.  If your passengers, the occupants of other vehicles, pedestrians, or bicycle riders are injured in a crash caused by your failure to drive safely in accordance with traffic laws, your parents will be legally responsible for the injuries and damages.  They will most likely be required to pay higher insurance premiums and could be sued for damages if the insurance coverage is not adequate to pay for the injuries and damages you have caused.

Zero tolerance, Implied Consent, Minimum Drinking Age (it is illegal for most of the people taking this course to have or consume alcohol).  Progressive DUI laws.

All states impose severe penalties for drinking and driving which include fines, jail time, and driver’s license revocation.  It should be emphasized that driving under the influence (DUI) is a criminal offense.  Most traffic violations are not criminal offenses; they are classified as moving violations.  For example, it is against the law to speed or to drive through a red light, but these offenses are not considered crimes.  Driving under the influence (DUI), however, is a crime.  It is important to understand that having a criminal record can have a major negative impact on your life.  For example, as a young person, a DUI conviction may restrict your career options.  A person with a DUI conviction may not be able to receive a security clearance and, therefore, may not be able to pursue a career in the space and defense industries where such a clearance is required.  A criminal record may also exclude you from “public trust” professions like teaching, banking, or sales.

Florida has Zero Tolerance for underage drinking.  If an underage driver is caught operating a motor vehicle after consuming even a single alcoholic beverage, the driver can expect to have his/her driver’s license suspended.  In Florida, sanctions for drinking and driving are imposed at lower breath/blood alcohol levels for drivers younger than age 21.  A BAL of only .02 or higher will result in a driver’s license suspension for six months, and a second offense will result in a suspension for a year. (s. 322.2616 F.S.)

It is against the law:

• For a person under 21 years of age to possess or to attempt to possess alcoholic beverages.

• For a person to lie about his/her age or the age of another person to try to induce someone to sell, give, serve, or deliver alcoholic beverages to someone that is under 21 years of age.

• For a person under 21 years of age to buy or attempt to buy alcoholic beverages.

• For any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age.  Violation of this law is a second degree misdemeanor offense punishable by time in jail, a fine, and a possible driver’s license suspension or revocation even if the underage violator is not driving. (s.562.11 F.S.)

If you are involved in providing alcoholic beverages to someone under 21 years of age or if you, as an underage person, are involved in trying to obtain alcoholic beverages, one of the other underage people involved may be offered immunity from prosecution if he/she is willing to testify against you in court.  The only way to avoid criminal penalties that can cause you to lose your driver’s license and can have a long-term effect on your life is to avoid trying to obtain alcoholic beverages if you are under age or trying to provide alcoholic beverages to someone else who is underage.

In Florida, you can be convicted of DUI if you are found to be driving or in “actual physical control of a motor vehicle,” which is defined as sitting behind the steering wheel of a vehicle while having access to the vehicle’s keys.  This means that you can be convicted of DUI while simply sitting in the driver’s seat with the keys in your pocket, even if you are not driving.  While it may sound severe, this law actually makes a lot of sense; why should an officer have to chase an impaired driver down the highway when the person can be safely arrested in a parking lot or driveway without endangering other drivers?  A person who falls asleep behind the wheel of his/her parked vehicle after he/she has been drinking or using drugs can also be convicted of DUI.  A DUI conviction can occur if you are driving or if you are in your vehicle when it is stopped if you meet the following conditions: (s. 316.193 F.S., s. 316.1934 F.S.)

• Have a breath/blood alcohol level (BAL) of.08.  With a BAL of .08 a person is presumed to be impaired.

• Are under the influence of alcoholic beverages, chemicals or controlled substances (like drugs or medications) that impair your normal faculties to drive, or deprive you of full possession of your normal faculties to drive.  Normal faculties include the ability to see, hear, walk, talk, judge distances, drive a vehicle, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life.  If your case goes to trial and your blood/breath alcohol level (BAL) was less than .08, you may still be determined to have been impaired when other evidence is considered.  For example, if testing indicates the presence of alcohol or a controlled substance in your blood and you were driving erratically or you caused a crash, you may be convicted of DUI.  Even if you win your case in court and are not convicted, you will have spent a considerable sum of money hiring an attorney to represent you, and you will have undergone the difficulties associated with being arrested and having your license suspended.

The Department of Highway Safety and Motor Vehicles believes you should not drive after consuming even one alcoholic beverage because that first drink degrades your ability to drive safely.  As we consider the dangers associated with impaired driving, it is important to understand that most crashes happen to people who are stone-cold sober and have no alcohol or drugs in their systems.  Even though these people were not impaired, they were not able to avoid crashing.  Realizing that the majority of crashes happen when drivers are sober and in full possession of their faculties, it just doesn’t make sense to risk driving after drinking.  If you are planning to drive, don’t drink because that first drink reduces your capabilities to safely operate your motor vehicle.

Causing a crash in which someone is killed or injured would certainly be the most terrible possible outcome of driving after drinking.  Another bad outcome would be a criminal conviction for driving under the influence.  Most people don’t believe that one of these bad outcomes will ever happen to them.  But every day, regular people with no previous criminal record find themselves facing DUI charges.

Consider this scenario.  Your friend’s parents are out of town, and he invites you to his place where you consume several beers.  On the way home, you briefly look away from the road to tune your radio and end up crashing into the back of a compact car that had just stopped at a red light.  If someone is seriously injured or killed in this crash, you could end up defending yourself against felony charges and a long prison sentence.

Let’s consider some other scenarios:

• While driving to school or work, you crash into and kill a young girl who was riding her bicycle.  Although you are found to be at fault in this case, you were sober and not driving recklessly, so you would most likely receive a non-criminal traffic citation.  However, if you were impaired by alcohol or drugs, you would be facing felony charges for DUI.

• You are driving the speed limit in the right lane at night, and you are looking forward to getting home after a long day.  As you travel along a dark section of the highway, a very impaired pedestrian walks in front of your vehicle and is killed.  If you are sober, you probably would not receive a traffic citation in this case because the impaired person stepped in front of you.  However, if you were impaired by alcohol or drugs, you would be facing felony charges for DUI.

• You are driving the speed limit on a four-lane road.  As you approach the intersection ahead, you move into the left lane of traffic and slow down to begin a left hand turn.  You clear ahead before turning but fail to see a motorcycle coming from the opposite direction.  The motorcycle rider crashes into the right side of your vehicle and is killed.  If you were sober, most likely you would be cited for a non-criminal traffic violation for failure to yield or for careless driving.  However, if you were impaired by alcohol or drugs, you would be facing felony charges for DUI.

Even if a person is not at fault in a crash, there are many situations that can bring the attention of a law enforcement officer to your vehicle.  Once again, if you have been drinking, you would be facing a possible DUI conviction.  Some of our Wise Traffic School students have shared stories of their DUI convictions:

• An aerospace industry employee was arrested following an office Christmas party.  While driving home, he experienced a mechanical problem with his vehicle so he stopped along the edge of the roadway to check the engine.  Shortly thereafter, a law enforcement officer pulled up behind the man’s vehicle.  It did not take long for the officer to determine that the driver was impaired, and the breath test the officer administered indicated that the driver’s BAL was .20, 2½ times the .08 BAL where impairment is presumed.  The driver was shocked that his BAL was so high because he thought he was capable of driving home.  This man reported that the most embarrassing, shame-filled day of his life occurred when his wife came to pick him up after bailing him out of jail.

• A young woman, coming home from a party that involved alcohol, stopped at a red light.  While she was waiting for the light, she was hit from the rear.  Fortunately, no one was hurt.  The driver who crashed into her vehicle received a traffic citation.  However, when the investigating officer realized that the young woman in the vehicle that had been hit was impaired, she was arrested and ultimately convicted for DUI.

• A young woman was driving home late at night after drinking.  She was trying to be very careful so she would not draw attention to her vehicle.  Unfortunately, when going through an intersection, she was hit on the right side by a driver who ran a red light.  The other driver was ticketed for running a red light.  However, the young woman who was hit was arrested and convicted for DUI.

Finally, despite being 100% sober, drivers operate their vehicles in ways that cause law enforcement officers to give them traffic citations.  They are pulled over and cited for failing to signal for turns, failing to completely stop at stop signs, and for broken head lights.  If one of these drivers had been drinking, the citation for a non-criminal moving violation would quickly escalate to a criminal arrest for DUI.  If a sober driver is capable of attracting the attention of a law enforcement officer, it is reasonable to assume that an impaired person would be even more likely to attract that attention.

Do not drive after consuming alcohol or using drugs.  If you are involved in a crash that results in the death or injury of another person or if you are convicted of DUI, your life will be forever changed.  Don’t take that chance.

For a first conviction of DUI in Florida, you will be fined, and your driver’s license will be revoked for up to one year.  Also, you could be sentenced to serve time in jail, or you could be placed on monthly reporting probation for the period of your sentence.  If you are placed on probation, you could be required to report to your probation officer each month for the duration of your sentence.  Living under the supervision of a probation officer is not a pleasant experience, and any violation of the rules and requirements of probation could result in additional sanctions or possible jail time.  You could be required to participate in many hours of public service, to complete a DUI school, or undergo a psycho-social evaluation to see if counseling or therapy would be required by the court as well. (s. 316.193 F.S.)

A first conviction for DUI involving a high BAL could result in even greater penalties and additional sanctions, including the requirement that the driver not operate a motor vehicle unless it is equipped with an ignition interlock device.  The operator must blow into this device before starting his/her vehicle, and the device will not permit the vehicle to start if the operator's BAL is above a level specified by law.  This device must be installed on all vehicles individually or jointly owned or leased, and the person is required to pay for the installation and maintenance of this device.  It is unlawful to tamper with this device or to request another person to blow into the device.  Also, it is unlawful to knowingly lease or lend a motor vehicle to a person whose driving privilege is restricted to only operating vehicles equipped with an ignition interlock device. (s. 316.1937 F.S., s. 322.28 F.S.)

All states have implied consent laws in which drivers agree to submit to blood, urine, or breath testing if stopped for a traffic infraction and charged with driving under the influence.  Under Florida’s implied consent law, a driver is assumed to give his/her consent to testing if the arresting officer believes the person is impaired.  Failure to submit to testing will result in the suspension of the person's driver’s license for a period of one year for a first refusal, or for a period of 18 months if the license had been previously suspended for refusing to be tested.  This second refusal is a 1st degree misdemeanor offense. ^1,2,3 (s. 316.1932 F.S.)

Some people refuse blood, urine, or breath testing because they believe this refusal will prevent a DUI conviction.  Refusing a blood, urine, or breath test will guarantee license suspension even though the blood alcohol level might have been below .08.  Also, even though a person refuses testing, a conviction might still be possible based on a field sobriety test or based on the arresting officer’s testimony in court.  In other words, the refusal to perform a test will not prevent a driver from being convicted for DUI.

If you are the driver of a vehicle involved in a crash that results in death or serious bodily injury and a law enforcement officer believes you are under the influence of alcohol or controlled substances, the law enforcement officer will require you to submit to a blood test even if you do not agree to testing. (s. 316.1933 F.S.)

If you are involved in a crash that results in serious bodily injury or death and are found to have been driving under the influence, you can be charged with felony offenses and, if convicted, could be sentenced to prison.  The outcome of a crash might involve factors that you have no control over.  For example, if you crash into a vehicle with elderly occupants, or occupants not wearing safety belts, or if you crash into a small, lightweight vehicle, the people involved will be more likely to receive serious or fatal injuries.  Don't take the chance.  Don’t place the lives of others at risk by driving after drinking.  The following chart summarizes these impaired driving offenses and penalties.  If you are impaired and kill someone, you could go to prison for 15 years: (s. 316.193 F.S.)

*Note:  In the past, some impaired drivers left the scene of crashes hoping to avoid a DUI conviction and prison sentence after causing a crash with injury, serious bodily injury, or death.  However, now, if a driver is convicted of leaving the scene of a FATAL crash, even if impairment cannot be proven, the driver will receive the same long prison sentence he/she would have received if he/she had not fled.  And in crashes involving INJURY, prison sentences for leaving the scene, even if impairment cannot be proven, will be much longer than would have been the case if the driver had not fled.

REVIEW QUESTIONS FOR SECTION 8
The Section Review Questions will help to prepare you for the Final Exam; incorrect answers will not count against you. You must complete the Section Review Questions before moving on to the next section of the course.

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