Florida DUI Laws
A DUI arrest in the state of Florida will trigger an administrative suspension of your driver's license, as well as criminal charges. To preserve your right to drive, you must request a hearing with the Florida Department of Highway Safety and Motor Vehicles within 10 days of your arrest. This hearing is not only an opportunity to protect your driving privileges but also a chance to gather information to be used in your defense in the criminal case. If you or someone you know has been arrested for DUI, you should contact an attorney right away.
In Florida, a DUI sentence might include probation, DUI school, imprisonment, fines, vehicle impoundment, an ignition interlock device and community service. The severity of penalties will vary depending on factors such as your DUI history and whether there were any injuries and/or property damage. Importantly, the court has some discretion in sentencing. For example, the court can credit time spent in a residential alcohol or drug abuse treatment program toward a prison sentence. To understand your rights and options, you should consider hiring an experienced DUI attorney.
Just because you were arrested for DUI does not mean you are guilty. Medical conditions, outside chemical influences and poor roadside conditions are just some of the factors that might be used as evidence to support your defense. Whether this is your first DUI arrest or you have had prior convictions, you need a sound defense strategy. Contact a DUI attorney to learn more.
Florida DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Florida BAC laws may differ from those of other states, as follows.
| Florida BAC Laws | |
| Per Se Violation | BAC of: .08 to .149 |
| Enhanced Penalty | .15 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense - Per Se Violation (.08 or higher) | 6 months license suspension |
| Subsequent Offenses | 1 year license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 6-month or 1-year license suspension, depending on prior convictions |
| Temporary License | Yes, for 10 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1-year license suspension |
| Subsequent Offenses | 18-month license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 1-year or 18-month license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense - Per Se Violation (.08 to .149) | |
| License Suspension | 180 days to 1 year (may have conditional reinstatement) |
| Prison Term and Community Service | No more than 6 months in jail; 50 hours community service |
| Fines, Fees, and Surcharges | Approx. $500 to $1,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school; possible treatment |
| First DUI/DWI Offense - Enhanced Penalty (.15 or higher) | |
| License Suspension | 180 days to 1 year (may have conditional reinstatement) |
| Prison Term and Community Service | No more than 9 months in jail; 50 hours community service |
| Fines, Fees, and Surcharges | Approx. $1,000 to $2,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school; possible treatment |
| Second DUI/DWI Offense - Per Se Violation (.08 to .149) | |
| License Suspension | 180 days to 1 year (at least 5 years suspension if within 5 years of first offense); may have conditional reinstatement |
| Prison Term and Community Service | No more than 9 months in jail (at least 10 days in jail if within 5 years of 1st offense); possible community service |
| Fines, Fees, and Surcharges | Approx. $1,000 to $2,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school; possible treatment |
| Second DUI/DWI Offense - Enhanced Penalty (.15 or higher) | |
| License Suspension | 180 days to 1 year (at least 5 years suspension if within 5 years of first offense) (may have conditional reinstatement) |
| Prison Term and Community Service | No more than 1 year in jail (at least 10 days in jail if within 5 years of 1st offense); maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,000 to $4,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school; possible treatment |
| Third DUI/DWI Offense - Per Se Violation (.08 to .149) (within 10 years of 2nd offense) | |
| License Suspension | At least 10 years (may have conditional reinstatement) |
| Prison Term and Community Service | At least 30 days in jail; up to 90 days community service |
| Fines, Fees, and Surcharges | Approx. $2,000 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school; possible treatment |
| Third DUI/DWI Offense - Enhanced Penalty (.15 or higher) (within 10 years of 2nd offense) | |
| License Suspension | At least 10 years (may have conditional reinstatement) |
| Prison Term and Community Service | At least 30 days in jail; up to 90 days community service |
| Fines, Fees, and Surcharges | Approx. $4,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school; possible treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Florida Department of Highway Safety and Motor Vehicles