Chapter 893 violation and DUI class
On 6/08/08 Iwas convicted for adrug chapter 893 violation. I waited the req'd 6 mos. and inquired at the Bureau of Admin. Review about hardship license I was told I needed the DUI class and whatever treatment they required-Suncoast Safety Council. At class registration I answered all questions truthfully to the best of my ability. I completed the class and went to my evaluation. The substance abuse requirement was outside counseling which I had already completed as a condition of my court ordered probation. The treatment provider was already approved as a provider for the Suncoast Safety Council(SSC). I received a certificate for completion for DUI school. I was issued a business purpose only permit by the DMV. Subsequently, the SSC said they had found a previous DUI on my record in Georgia in 1983 therefore I was to take the level II DUI class with no payment credit for the level II. I cannot find where I need the level II class in the statutes or by looking at the website for Florida Administrative code. Please render assistance as to what my options are. My 893 violation has nothing to do with operation of a motor vehicle. I dont' know why I should be held accountable for an out-of-state offense so long ago.
1 Answer from Attorneys
Re: Chapter 893 violation and DUI class
Well your question is missing some much needed information which would make answering it much easier. However, I will try. I assume your drug conviction was on 6/08/07 as opposed to 06/08/08; therefore, it has been more than six months and you could obtain a hardship. As to the DUI school, unfortunately you will have to take the DUI School Level II. And also unfortunately you will not receive any money credit towards it because you took DUI School Level I. This happens to a lot of people who sign up for the class and I've never known them to get credit for the number of hours or money spent. Level I is only for 1st time DUI offenders. Level II is for anyone having had a prior DUI or a DUI broken down to a reckless driving. The school never checks priors properly, if they even bother to check at all. If you knew you had this prior DUI you should have taken the Level II course. You can argue it out with the school, but I don't think you will have much luck. Sorry.
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