Florida DUI and Student Disciplinary Hearings

If you are a student at a Florida university and have been arrested for DUI, you have even more to worry about than pending criminal proceedings against you. Most Florida institutions of higher education have a DUI rule in their student code of conduct. This means that you will also face a student disciplinary hearing in addition to the court proceedings for your DUI charge.

In Florida, you may be charged with a DUI offense under Florida Statute 316.193 if you have any level of alcohol or controlled substance in your system. This is because the law provides for driving while intoxicated, as well as a “per se” DUI offense of a BAC greater than .08%. For underage drivers, there is a zero tolerance policy in place that makes it illegal for anyone under the age of 21 to drive with a BAC greater than .02%. That’s less than a drink for the average person.

Once you have been arrested and charged with DUI, it may be necessary for you to take steps to officially report it to the appropriate school entity. For the University of Florida, this is Student Judicial Affairs. In other schools, the reporting process may be automated between the designated department and the police. Some schools may have both. In either case, it is critical to review your school’s Student Code of Conduct as soon as possible after the incident to determine the initial action needed.

It is important to note that, depending on the school, disciplinary action may be taken if you are not charged, or charged but not convicted, of the DUI offense. It is also possible if the event occurred off campus. For example, it’s a violation of the UF Student Code of Conduct.”[operate] a motor vehicle while impaired or with a [BAC] at or above the applicable legal limit.” Therefore, in accordance with the Scope and Violations section of the UF Code, the university may sanction the offense separately if the DUI offense:

• Arises from participation in university activities
• Represents a significant threat to the security of the university community
• Poses a significant threat of undermining the educational process of the University.

Once the DUI incident is officially reported to the designated school entity, you will receive official notice of your hearing. Other parties are allowed to be present at the hearing, but not speak for you, although witnesses may speak for your case. However, you are allowed to have an advisory party at the hearing. A Florida DUI defense attorney can help you build your case and advise you during the hearing.

The final hearing determination will decide whether or not you are responsible for the violation. If you are found liable, the university or college will impose sanctions, which vary by school and code of conduct, but include:

• Loss of school privileges
• Educational requirements
• Elimination of sports teams
• Suspension
• Registration suspension
• Graduation retention
• Eviction

Penalties for a DUI violation of the code of conduct could also extend beyond school and into your future. Students studying in the fields of education, law, medicine, and pharmaceuticals are particularly at risk. Regardless of the field you are studying, if you have been charged with DUI, you should begin your defense for both the criminal and school disciplinary proceedings as soon as possible.

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