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 the pending criminal proceedings against you. Most Florida institutions of higher education have a rule against driving under the influence in their code of student conduct. This means that you will also face a student disciplinary hearing in addition to court proceedings for your DUI charge.
In Florida, it is possible to 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 drunk driving as well as a DUI offense “per se” of a BAC greater than 0.08%. For underage drivers, there is a zero tolerance policy in place that makes it illegal for people under the age of 21 to drive with a BAC greater than 0.02%. That is 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 Court Affairs. In other schools, the reporting process can be automated between the designated department and the police. Some schools may have both. Whatever the 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 are charged, but not convicted, of the DUI offense. It is also possible if the event occurred off campus. For example, it is a violation of the UF Student Code of Conduct “[operate] a motor vehicle while intoxicated or with [BAC] at or above the applicable legal limit. “Therefore, according to the Scope and Violations section of the UF code, the university can punish the offense separately if the offense of DUI:
• It arises from participation in university activities
• Represents a significant threat to the safety or security of the university community
• Represents a significant threat to undermine the educational process of the University.
Once the school’s designated entity is officially informed of the DUI incident, you will receive an official notice of your hearing. Other parties may be present at the hearing, but may not speak on your behalf, although witnesses may speak for your case. However, you are allowed to have an advisory party during the hearing. A Florida DUI defense attorney can help you build your case and be your advisor during the hearing.
The final determination of the hearing will decide whether or not you are responsible for the violation. If you are found liable, the university or college will impose penalties, which vary by school and code of conduct, but include:
• Loss of school privileges
• Educational requirements
• Withdrawal of sports equipment
• Suspension
• Record retention
• Awaiting graduation
• Expulsion
The penalties for a DUI code of conduct violation could also go beyond the school in your future. Students studying in the fields of education, law, medicine, and pharmaceuticals are at particular risk. Regardless of the field you are studying, if you have been charged with DUI, you should begin your defense for criminal and school disciplinary proceedings as soon as you can.
