Penalties for Driving Under the Influence

Vehicle immobilization is one of the penalties for driving under the influence in Florida.  While the statutory language says that vehicle immobilization is mandatory, there are several exceptions. The penalties for driving under the influence are found in Florida Statute 316.193. Pursuant to Florida Statute 316.193(6)(d), the court must order the immobilization of a vehicle upon the defendant’s conviction for driving under the influence.  For a first offense, the vehicle to be immobilized can be either the actual vehicle driven at the time of the arrest or any one vehicle registered in the defendant’s name at the time of the immobilization.  Second and subsequent offenses require the immobilization of all vehicles owned by the defendant.

Length of Immobilization

• First Offense: Ten (10) days;
• Second Offense: Thirty (30) days;
• Third or subsequent Offense: Ninety (90) days.

Waiver of Vehicle Immobilization

Florida law provides multiple exceptions concerning vehicle immobilization.  Those are as follows:

• Stolen vehicle used in the offense;
• Purchase of vehicle subsequent to DUI arrest.  Vehicle must not have been purchased from the defendant or defendant’s agent;
• Vehicles operated solely by the defendant’s employees or by employees of any business owned by the defendant;
• Ignition interlock installed on all vehicles individually or jointly owned by the defendant;
• Family of the driver has no other means of public or private transportation.

Practice Point

This tip is not exclusive to criminal law or any type of motion and/or pleading.  You should always use a verified motion when you make an allegation based upon representations made to you by your client.

Below is a motion to waive the vehicle immobilization due to no public or private transportation being available to the family.

Download ( Motion-to-Waive-Immobilization.pdf, PDF, 199KB)