DUI Uniform Traffic Citation
After an arrest for DUI, the DUI uniform traffic citation will be issued if you refused a lawful request for blood, breath, or urine, or if you had a breath alcohol concentration over .08 (often called the “DUBAL”).
A standard uniform traffic citation will be issued for other types of DUI cases. In Florida, the Department of Highway Safety and Motor Vehicles (DHSMV) is responsible for the administration of all Uniform Traffic Citations.
Under section 943.05(2)(d), F.S., the Florida Department of Law Enforcement (FDLE) has promulgated rule 11C-4.009, of the Florida Administrative Code (F.A.C.), which created a uniform alcohol influence report and a uniform probable cause affidavit to be used by the arresting officer when making DUI arrests under section 316.193, F.S.
Officers are permitted to continue to use other affidavits and reports and to include supplemental documentation.
Although the statute mandates the use of these forms, the statute also provides that the failure to use the uniform alcohol influence report or the uniform probable cause affidavit does not prohibit prosecution for a violation of section 316.193, F.S.
Attorney for the DUI UTC in Tampa, FL
If you were issued a DUI uniform traffic citation, then contact an experienced criminal defense attorney at Sammis Law Firm to discuss your case. We fight every kind of DUI case involving a breath test, blood test, urine test, or refusal to submit to testing.
Whether this is your first offense or a second or subsequent accusation, we can help. Our offices are conveniently located in Tampa, FL. We also have offices in New Port Richey directly across from the West Pasco Judicial Center in Pasco County. We recently opened an office in Clearwater in Pinellas County near the Bureau of Administrative Reviews (BAR) office and the Criminal Justice Center (CJC) courthouse.
Call (813) 250-0500 today.
11C-4.009 Uniform Arrest Affidavits and Reports
(1) A Uniform Probable Cause Affidavit, FDLE Form PCA 1 – March 2004, is hereby incorporated by reference and adopted for use by all law enforcement agencies in the State of Florida when making DUI arrests pursuant to Section 316.193, F.S.
(2) A Uniform Alcohol Influence Report, FDLE Form AIR 1 – March 2004, is hereby incorporated by reference and adopted for use by all law enforcement agencies in the State of Florida when making DUI arrests pursuant to Section 316.193, F.S.
(3) This rule shall not preclude the use of other probable cause affidavits or alcohol influence reports, and law enforcement agencies are authorized to supplement the Uniform Probably Cause Affidavit or the Uniform Alcohol Influence Report with additional affidavits and reports.
(4) Failure to use the Uniform Probable Cause Affidavit or the Uniform Alcohol Influence Report shall not prohibit prosecution of a person arrested for a violation of Section 316.193, F.S., and shall have no effect on the legality or validity of such arrest.
(5) The above-referenced forms may be obtained by contacting the Florida Department of Law Enforcement, Alcohol Testing Program, P.O. Box 1489, Tallahassee, Florida 32302.
Specific Authority 943.05(2)(d) FS. Law Implemented 316.193, 943.05(2) FS. History- New 7-27-04.
Read the DUI UTC’s Notice of Suspension
When you are released from the jail, you should be provided with a copy of your DUI Uniform Traffic Citation (UTC). If you read the DUI UTC carefully, it explains the “on-the-spot” administrative suspension. An example of the langauge regarding the administrative suspension as listed on the DUI UTC can be found on HSMV 75904 (Rev. 09/19) which provides:
EFFECTIVE IMMEDIATELY, YOUR DRIVING PRIVILEGE IS SUSPENDED/DISQUALIFIED FOR:
- ____ DRIVING WITH AN UNLAWFUL BLOOD OR BREATH ALCOHOL LEVEL.
- THIS SUSPENSION IS FOR A PERIOD OF SIX MONTHS IF THIS IS THE FIRST VIOLATION OR ONE YEAR IF PREVIOUSLY SUSPENDED FOR DRIVING WITH AN UNLAWFUL BLOOD OR BREATH ALCOHOL LEVEL.
- IF YOU HOLD A CDL OR YOU ARE OPERATING A CMV, YOUR COMMERCIAL DRIVER LICENSE/PRIVILEGE WILL ALSO BE DISQUALIFIED FOR ONE YEAR FOR THE FIRST OFFENSE OR PERMANENTLY DISQUALIFIED FOR A SUBSEQUENT OFFENSE.
- ____ REFUSAL TO SUBMIT TO LAWFUL BREATH, BLOOD OR URINE TEST SECTION 322.2615, F. S.
- THIS SUSPENSION IS FOR A PERIOD OF ONE YEAR IF THIS IS A FIRST REFUSAL OR 18 MONTHS IF PREVIOUSLY SUSPENDED FOR THIS OFFENSE. IF YOU HOLD A CDL OR YOU ARE OPERATING A CMV, YOUR COMMERCIAL DRIVER LICENSE/PRIVILEGE WILL ALSO BE DISQUALIFIED FOR A PERIOD OF ONE YEAR FOR A FIRST REFUSAL OR PERMANENTLY DISQUALIFIED FOR A SUBSEQUENT REFUSAL.
LICENSE SURRENDERED? ___ YES ___ NO REASON: ______________
ELIGIBLE FOR PERMIT? ___ YES ___ NO REASON: ______________
UNLESS INELIGIBLE, THIS CITATION SHALL SERVE AS A TEMPORARY DRIVER LICENSE AND WILL EXPIRE AT MIDNIGHT ON THE 10TH DAY FOLLOWING THE DATE OF SUSPENSION. WITHIN 10 DAYS AFTER THE DATE OF SUSPENSION, YOU MAY REQUEST A REVIEW OF THE SUSPENSION BY FLHSMV BUREAU OF ADMINISTRATIVE REVIEWS OR TO DETERMINE ELIGIBILITY FOR A RESTRICTED LICENSE IF THIS IS YOUR FIRST DUI RELATED OFFENSE.
Information Regarding Review Hearing
FINAL ORDER
This will serve as notice of final order of license suspension/disqualification effective on the date it was issued to you. You may request a formal or informal review of the suspension/disqualification. If this is your fi rst DUI related offense, you may waive the review and request a review to determine eligibility for a restricted license. If you want the department to conduct a review of your suspension/disqualification, you must request such review with the Bureau of Administrative Reviews. Your request must be submitted in writing within ten calendar days of the date of the of suspension/disqualifi cation and include a copy of this notice. When requesting a review, or if this is your fi rst DUI related offense and you wish to waive the review and request an eligibility review for a restricted license, you must include a non-refundable filing fee of $25 made payable to FLHSMV.
REVIEW PROCESSES
The informal review shall consist solely of an examination of the materials submitted by you and the law enforcement offi cer or correctional offi cer. The formal review allows you to be heard and present witnesses in regard to this suspension/disqualification
WAIVER OF FORMAL/INFORMAL REVIEW
If this is your first DUI related offense and you otherwise qualify, you may waive your right to a review of the suspension and receive a business purpose only license for use during the period your driver license is suspended. A non-refundable fi ling fee of $25 made payable to FLHSMV is required to determine your eligibility for a restricted license. Please visit: www.flhsmv.gov/locations or call (850) 617-2080 for more information
THE FOLLOWING ISSUES WILL BE CONSIDERED FOR DRIVING WITH AN UNLAWFUL BLOOD OR BREATH ALCOHOL LEVEL (.08 OR ABOVE)
- Whether the law enforcement officer had probable cause to believe that the person was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or controlled substances (DUI); and
- Whether the person had an unlawful blood or breath alcohol level (.08 or above)
FOR REFUSAL TO SUBMIT TO A BREATH, BLOOD OR URINE TEST
- Same as number one above;
- Whether the person refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer; and
- Whether the person whose license was suspended was told that if he or she refused to submit to such test that his or her privilege to operate a motor vehicle would be suspended.
IN CASE OF A DISQUALIFICATION FOR COMMERCIAL DRIVR LICENSE, THE FOLLOWING ISSUES WILL BE CONSIDERED FOR DRIVING WITH AN UNLAWFUL BLOOD OR BREATH ALCOHOL LEVEL (.08 OR ABOVE)
- Whether the arresting law enforcement officer had probable cause to believe that the person was driving or in actual physical control of a commercial motor vehicle, or any motor vehicle if the driver holds a commercial driver’s license, in this state while he or she had any alcohol, chemical substances, or controlled substances in his or her body; and
- Whether the person had an unlawful blood-alcohol level of 0.08 or higher.
FOR REFUSAL TO SUBMIT TO A BREATH, BLOOD OR URINE TEST
- Same as number one above;
- Whether the person refused to submit to any such test after being requested to do so by a law enforcement or correctional officer; and
- Whether the person was told that if he or she refused to submit to such test his or her driving privilege to operate a commercial motor vehicle would be disqualifi ed.
FAILURE TO REQUEST A REVIEW WITHIN THE 10 DAY PERIOD SHALL RESULT IN THE WAIVER OF YOUR RIGHT TO A REVIEW OF THE SUSPENSION/DISQUALIFICATION AND A REVIEW OF YOUR ELIGIBILITY FOR A RESTRICTED LICENSE.
To find the Bureau of Administrative Reviews office nearest you, please visit: www.flhsmv.gov/locations or call (850) 617-2080.
Read more about obtaining a Florida Identification Card for a DUI Offender.
Additional Resources
Latest Information from the DHSMV – Find the latest information from the DHSMV about the administration of the uniform traffic citation (UTC) Administration, the Data Element Dictionary (ICD), the Uniform Traffic Citation Manual, and standard citations in other types of DUI cases.
This article was last updated on Friday, May 8, 2026.
