Florida DUI Laws

Florida, like most states, has what is referred to as an implied consent law. When you sign a Florida driver’s license, you are agreeing to submit yourself to a breath, blood, or urine test to determine if you are driving under the influence (DUI). Refusal to be tested will result in the immediate loss of your driver’s license, a mandatory six months to one year suspension of that license, plus other penalties which are consistent with the drunk driving laws of the state. You can be arrested even if you don’t show obvious signs of intoxication and convicted of a DUI in Florida without the chemical tests. The influence can be drugs, alcohol, or a combination of the two which includes inhalants. Florida takes DUI offenses very seriously. These penalties will include the jail time, community service, suspended license and the ignition interlock device (IID) installed on your vehicle. There is a zero tolerance policy in place for under age drinkers with the drinking age set at 21.

It is considered a crime in Florida to operate a vehicle with a Blood Alcohol Level (BAL) of 0.08% or higher. Sentences are more severe for persons found to have a BAL of 0.15% or more or who have a minor in the car with them at the time of the arrest. The “Per Se” BAL does not need any other proof of intoxication other than the 0.08% level for you to be convicted. The enhanced penalties applied to individuals with 0.15 to 0.20% will include more jail time, harsher fines, and driver’s license sanctions.

Florida law states that drivers under 21 may not have a BAL of more than 0.00%. DUI’s will be issued to 18 year olds or younger individuals with a measurable BAL of .01% or .02%, persons over 21 with a BAL of 0.08% and commercial drivers with a BAL of 0.04% or more. Your license will be taken at the time of arrest and you might be issued a temporary license which will be in effect for 30 days. You will not receive a temporary license if you refused to take a blood, urine or breath test. All under age drivers arrested for a DUI will automatically have their license suspended for 60 days with no exceptions. Refusal to take a chemical test will be used in court against you and it is enough to convict you. You will loose the license for 1 year the first time, 18 months the second time with the time increasing with each additional arrest. If an injury or death is connected to your DUI in the state of Florida, the arresting officer may take your chemical test by force.



The first conviction will result 6 months minimum jail time for a BAL of .08% to .15%, and fines of $500.00 to $1,000.00. If your BAL is .15% or above or a minor was in the vehicle with you, your jail time increases to 9 months and your fines go up from $1,000.00 to $2,000.00. You will also be required to serve 50 hours of community service or pay $10.00 per hour of community service assigned. Your vehicle will be confiscated for 10 days and you will be required to install an Ignition Interlock Device (IID) on your vehicle at your expense for 6 months. Your license will be suspended from 6 months to 1 year. You may be able to avoid jail time if you take a treatment program. You may apply for a hardship reinstatement of your license if your BAL is above .15%. You must complete DUI schooling in order to apply for the hardship. Furthermore, you may be able to apply for a family hardship to get the vehicle out of impound before the 10 days are up if it is the only car your family has.

The second conviction will result 9 months minimum jail time for a BAL of .08% to .15%, and fines of $1,000.00 to $2,000.00. If your BAL is .15% or above or a minor was in the vehicle with you, your jail time increases to 12 months and your fines go up from $2,000.00 to $4,000.00. You will have to serve 48 hours of the sentence consecutively. Your vehicle will be confiscated for 30 days and you will be required to install an Ignition Interlock Device (IID) on your vehicle at your expense for 1 year for a BAL of .08% to .15%. For a BAL of .15% and above, the IID will be required for 2 years. Your license will be suspended for 5 years; however, you may be able to get a hardship reinstatement after 1 year. You may apply for a hardship reinstatement if your BAL is above .15% by completing DUI School. Furthermore, you may be able to apply for a family hardship to get the vehicle out of impound before the 30 days if it is the only car your family has.

The third conviction is considered a Third Degree Felony and will result 12 months minimum jail time. If your BAL is .08% to .15% your fines go from $2,000.00 to $5,000.00. For a BAL of .15% or higher or with the presence of a minor in the vehicle, the fines will rise to a minimum of $4,000.00. You will have to serve 30 days of the sentence, 48 hours which will be consecutive. Your vehicle will be confiscated for 90 days and you will be required to install an Ignition Interlock Device (IID) on your vehicle at your expense for 2 years. Your license will be suspended for 10 years; however, you may be able to get a hardship reinstatement after 2 years. You may apply for a hardship reinstatement if your BAL is above .15% by completing DUI School. Furthermore, you may be able to apply for a family hardship to get the vehicle out of impound before the 90 days if it is the only car your family has.

The fourth conviction will label you a habitual offender. Your minimum mandatory fine will be $2,000.00. You will receive as many as 5 years in jail and your license will be suspended for the rest of your life with no chance of a hardship reinstatement.