Chapter 2
Your Driving Privilege

Driving a motor vehicle in Florida is a privilege you earn. You cannot get a license in Florida under the following conditions:

Every driver who obtains a license must drive safely to keep it. If you break the traffic laws or become an unsafe driver, your license can be taken away. It can be suspended, revoked, or canceled.Your license can be SUSPENDED if you:

Your license must be REVOKED if you are found guilty of, or department records show:

Cancellation
If your license was issued because of a mistake or fraud (giving false information or identification), it will be canceled.
Point System

In computing points and suspensions, the offense dates of all convictions are used.
Three points is deducted from the driver record of any person whose driving privilege has been suspended only once under the point system and has been reinstated, if such person has complied with all other requirements.
NOTE:Serving a point suspension does not prohibit these convictions from being used to accumulate additional suspensions or revocations.

Mandatory Restriction For Minors
Any driver under the age of 18 who accumulates four or more points within a 12 month period shall be automatically restricted for one year to driving for business purposes ONLY. If additional points are accumulated the restriction will be extended for 90 days for every additional point received.

Time Restrictions
A licensed driver who is under the age of 17 may not operate a motor vehicle after 11:00 p.m. and before 6:00 a.m. unless accompanied by a driver, who is 21 years of age or older and holds a valid driver's license, unless the person is driving to or from work. A licensed driver who is 17 years of age may not operate a motor vehicle after 1:00 a.m. unless accompanied by a driver, who is 21 years of age or older and holds a valid driver license, unless the person is driving to and from work.

REINSTATEMENT PROCEDURES
Reinstatement & Administrative Hearings
If your driving privilege is suspended or revoked you may be eligible to apply for a hardship license or reinstatement. For eligibility information contact the local Bureau of Administrative Reviews Offices, Driver License Office or Bureau of Customer Services in Tallahassee.
You can be charged with DUI if you are found to be driving or in actual physical control of a motor vehicle in the state while under the influence of alcoholic beverages or controlled substances. Controlled substances include narcotic drugs, barbiturates, model glue and other stimulants - whether taken by swallowing, by sniffing, by smoking, by injection or by other means. You will be administratively suspended if you have a breath or or blood alcohol level of .08 or above or refuse to submit to a chemical test. This suspension is a mandatory period without a license. If you wish to appeal this suspension, you must apply for a formal or informal review hearing at the appropriate Division of Driver Licenses, Bureau of Administrative Reviews Office within 10 days of your date of arrest. This suspension is in addition to any penalties directed by the court. A DUI conviction will remain on your driving record for 75 years.
Some effects of drug and alcohol consumption are impaired judgment, slow reaction, poor vision, and concentration. A person's judgment is the first thing affected after drinking an alcoholic beverage.

Zero Tolerance
Any driver under 21 years of age who is stopped by law enforcement and has a breath or blood alcohol level of .02 or higher will automatically have their driving privilege suspended for 6 months. This is an administrative suspension and does not reflect as a DUI on the driver's record. If the driver refuses to take a test, their driving privilege is automatically suspended for one year.

Penalties for DUI

Drinking and Driving
Alcohol is involved in about 38% of the traffic crashes in which someone is killed. If you drink alcohol, even a little, your chances of being in an accident are much greater than if you did not drink any alcohol.
No one can drink alcohol and drive safely, even if you have been driving for many years. New drivers are more affected by alcohol than experienced drivers because they are still learning to drive.
Because drinking alcohol and then driving is so dangerous, the penalties are very tough. People who drive after drinking risk heavy fines, higher insurance rates, loss of license and even jail sentences.

The Dangers of Drinking and Driving
Alcohol reduces all of the important skills necessary to drive safely, such as judgment, reaction, vision and concentration. It is absorbed into the lining of the stomach and then passes directly into the bloodstream. Alcohol reaches your brain within minutes after consumption and affects those areas of the brain that control judgment and skill. This is one reason why drinking alcohol is so dangerous; it affects your judgment. Good judgment is important to driving but in this case, judgment helps you to know when to stop drinking. Alcohol puts good judgment on hold. You do not know when you have had too much to drink until it is too late. It is a little like sunburn, by the time you feel it, it is already too late.
Alcohol slows your reflexes and reaction time, reduces your ability to see clearly and makes you less alert. As the amount of alcohol in your body increases, your judgment worsens and your skills decrease. You will have trouble judging distances, speeds and the movement of other vehicles. You will also have trouble controlling your vehicle.

If You Drink, DO NOT DRIVE!
The best advice is if you drink alcohol, do not drive. Even one drink of alcohol can affect your driving. With two or more drinks in your bloodstream you are impaired and could be arrested.
It takes about an hour for your body to get rid of each drink. Time is the only thing that will sober you up.
There are ways of dealing with social situations. Arrange to go with two or more persons and agree which one of you will not drink alcohol. You can rotate among the group being a "designated driver". You can use public transportation or use a cab, if available.

Implied Consent Law
You will be asked to take a blood, a urine or a breath test if a law enforcement officer thinks you are under the influence of alcoholic beverages or drugs while driving. By law, if you drive in Florida, you have agreed to take these tests if asked. If you refuse to take the tests when asked, your license will be suspended for one year. A second refusal will result in an eighteen-month suspension.
In DUI cases involving death or serious injury, you can be required to take the blood test without your consent. The blood must be withdrawn by a doctor, nurse or other health professional.
If you are unconscious and cannot refuse the blood test, blood may be withdrawn. The results of the test may be used as evidence, even if you object after becoming conscious.

Other Drugs and Driving
Besides alcohol, there are many other drugs that can affect a person's ability to drive safely. These drugs can have effect like those of alcohol, or even worse. This is true of many prescription drugs and even many of the the drugs you can buy without a prescription. Drugs taken for headaches, colds, hay fever or other allergies or those to calm nerves can make a person drowsy and affect their driving. Pep pills, "uppers" and diet they can cause a person to be nervous, dizzy, unable to concentrate and they can affect your vision. Other prescription drugs can affect your reflexes, judgment, vision and alertness in ways similar to alcohol.
If you are driving, check the label before you take a drug for warnings about its effect. If you are not sure it is safe to take the drug and drive, ask your doctor or pharmacist about any side effects.
Never drink alcohol while you are taking other drugs. These drugs could multiply the effects of alcohol or have additional effects of their own. These effects not only reduce your ability to be a safe driver but could cause serious health problems, even death.
Illegal drugs are not good for your health and effect your ability to be a safe driver. For example, studies have shown that people who use marijuana make more mistakes, have more trouble adjusting to glare and get arrested for traffic violations more than other drivers.

Emotions
Emotions can have a great effect on you driving safely. You may not be able to drive well if you are overly worried, excited, afraid, angry or depressed.

Other Serious Violations
You can be put in jail or made to pay a fine for the following offenses:

Florida Motor Vehicle Insurance Laws
In Florida there are two motor vehicle insurance laws. They are the Financial Responsibility Law and the No-Fault law. It is important that you understand these laws because if you do not have the proper insurance, you can lose your driver license and tag(s) and have to pay large fees to get them back.
The Financial Responsibility Law
The reason for the Financial Responsibility Law is to require owners and operators of motor vehicles to be financially responsible for damages and/or injuries they may cause to others when a motor vehicle crash happens.
This law requires any person to have liability insurance at the time of the following:
1. A crash where you are at fault and injuries have occurred.
2. A suspension for too many points against your driver license.
3. A citation for DUI, which results in a revocation.
4. A revocation for Habitual Traffic Offender.
5. A revocation for any serious offense where this department is required to revoke your license.
You must have the following minimum insurance coverage:

If involved in any of the above violations and you do not have insurance to comply with the financial responsibility law, your driver license and/or tags will be suspended for up to three years. You will have to pay a $15 reinstatement fee and show the department certified proof of full liability insurance on Form SR-22 for three years from the original suspension to get your driving privilege back.
In addition, if you are the driver or the owner of a vehicle which is in a crash that is your fault, this Department can require you to pay for the damages before your driving privilege is reinstated.
Under this law, to protect yourself and others, you should have liability insurance on any motor vehicle you own or drive, including motorcycles.

The No-Fault Law
The Florida No-Fault Law requires anyone who owns or has registered a motor vehicle with four or more wheels (excluding taxis and limousines), that has been in the state for at least 90 days or non-consecutive days during the past 365 days to purchase a policy delivered or issued for delivery in this state. The minimum coverages are:

You cannot buy a tag and registration for a car, or other four wheel vehicle, without having coverage issued in this state. Once you have this insurance, anytime you renew it, fail to renew it, or cancel it, the insurance company must notify this department. The department will then notify you for an explanation. If you then fail to provide proof of insurance, your driver license and tag(s) will be suspended for up to three years.
You must maintain insurance coverage during the entire time that the car is registered in your name. If the car is in storage or not in working order or if you wish to cancel the insurance for any reason, you must turn in the tag and registration at any driver license office or mail to the department.
If your driver license and tag(s) are suspended for not having insurance under the No-Fault Law, you will have to pay $150 and show proof of insurance to get them back. If it happens a second time within three years, you will pay $250. If it happens three times within three years, you will have to pay $500.
Also, if your driver license and tag(s) have been under suspension for 30 days or more for a no-fault insurance violation, a police officer can seize your tag on the spot.

General Information
Your insurance company will give you an insurance I.D. Card. You must have this card ready to show to any police officer to prove that you have the required insurance. If not, you may receive a ticket for not having proof of insurance.
If your driver license or tag(s) are suspended for not obeying either of these laws, you cannot get a temporary license for any reason, not even for work purposes only. Any person who makes a false statement or commits forgery about their motor vehicle insurance can be guilty of a second degree misdemeanor.
The department will always provide you with an opportunity to prove insurance coverage or be heard before being suspended.
How to comply:
1. By purchasing a motor vehicle insurance policy from a company licensed to do business in Florida.
2. By obtaining a Financial Responsibility Certificate from the Bureau of Financial Responsibility after posting a satisfactory surety bond of a company licensed to do business in Florida.
3. By obtaining a Self-insurance Certificate from the Bureau of Financial Responsibility by depositing cash or securities with the Department.
4. By obtaining a Self-Insurance Certificate from the Bureau of Financial Responsibility by providing satisfactory proof of financial responsibility.
Remember: Automobile insurance is an important part of your driving privilege. Protect yourself and others by having and keeping the proper insurance coverage.

Traffic Crashes - Your Responsibilities
1. Stop.
If you are in a crash while driving, you must stop. If anyone is hurt, you must get help. You must also be ready to give your name, address, and vehicle registration number; as well as show your driver license to others involved in the crash.
2. Report the crash.
If the crash causes injury, death, or property damage, it must be reported. Call the local police, the Florida Highway Patrol, or the County Sheriff's Office. If the crash involves a charge of driving under the influence (DUI) or results in death, injury, or property damage to the extent a wrecker must tow a vehicle away, the officer will fill out a report.
If the crash is investigated by an officer, you (the driver) need not make a written report. If property damage appears to be over $500 and no report is written by an officer, you must make a written report of the crash to the Department of Highway Safety and Motor Vehicles within 5 days. The officer will provide you with a copy of the form for your records.
3. Move your car if it is blocking traffic.
If your car is blocking the flow of traffic, you must move it. If you cannot move it yourself, you must get help or call a tow truck. This is true anytime your vehicle is blocking the flow of traffic whether it has been involved in a crash or not.
4. Appear in court.
If you are charged in a driving crash, you may have to go to court. The officer who comes to the scene of the crash will file charges against any driver who violated a traffic law. Anyone who is charged will have a chance to explain to the court what happened. The court will then decide what the penalty will be. Anyone who is not charged with violating the law may have to come to court as a witness. If you are found at fault in a collision where anyone is injured and transported to a medical treatment facility or it is your second collision in a two-year period, you will be required by law to attend a Traffic Collision Avoidance Course. The traffic school that conducts this course can be found in the yellow pages of your local telephone book under Driving Instruction. A driver convicted of leaving the scene of a crash involving death or personal injury will have his or her license revoked. The driver is also subject to criminal penalties.

Crash Involving an Unattended Vehicle
If, while driving, you hit a vehicle with no one in it or if you damage any object that belongs to someone else, you must tell the owner. Give the owner your name, address, and tag number in person or in a note attached to the object that was hit. Report the crash immediately to the proper law enforcement agency.

Littering
Drivers are responsible for any littering from their vehicles. Use ash trays for cigarettes and litter bags for trash while riding in motor vehicles. Empty ash trays and litter bags only into trash cans.
LITTERING IS A CRIME. PEOPLE WHO THROW TRASH ON PUBLIC STREETS AND HIGHWAYS CAN BE FINED UP TO $500.00 OR JAILED UP TO 60 DAYS.
The court may also require you to pick up litter along roadways.

Road Damage
It is against the law to damage the roads by driving on the rim of a flat tire or by any other means.