Florida DUI Laws
The maximum prescribed legal BAC limit in Florida is 0.08% per se
(effective from Jan 1st 1994)
Florida Drunk Driving Laws (If you’ve been charged with Florida DUI, the law allows only 10 days for your Florida DUI Lawyer to make a request with the Florida DMV (Department of Motor Vehicles) for a hearing to save your driving license)
Florida is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state. |
Florida DUI Laws and BAC limits
ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Florida it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.
MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.
It is an offense to refuse to submit to a chemical test in Florida and implied consent laws are enforced.
!! CAUTION - Driving Ability Impaired !!
You can be prosecuted in Florida without driving while you are over the legal prescribed bac limit.
Under Florida law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.
Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.
Observations from a law enforcement officer that may lead to being stopped and arrested include:
- Making a turn too widely or narrowly
- Using two lanes, straddling the center line
- Almost hitting someone or something
- Weaving or drifting from one side of the road to another
- Driving too slowly and being overly cautious
- Driving too close to vehicle in front
- Driving ON the center lines
- Erratic braking
- Swerving to correct course of vehicle
You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.
A skilled drunk driving attorney can help you defend any charges against you |
Florida BAC Calculator
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Penalties for DUI - Drunk Driving in Florida
Florida is a state with a ten-year ‘washout period’ also known as a 'look back period'.
NOTE: OUT OF STATE CONVICTIONS
Under Florida state law, any DUI / DWI or alcohol related driving convictions that occurred in any other state will be classed as prior convictions.
First Dui - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first DUI - drunk driving conviction in Florida:
- Fine: $500 to $1,000 fine
- Jail: up to 6 months in jail
- License Revocation: 180 days to 1 year drivers license revocation
(restricted hardship employment/business drivers license may be available after completing DUI program)
- Ignition Interlock: no requirement unless enhanced penalty (see below)
- Probation: monthly reporting for a period not to exceed 1 year
- mandatory 50 hours community service or pay $10 fine for every hour given if certain circumstances apply
- mandatory attendance at DUI school/program
- substance abuse education, evaluation and treatment as required
- possible impoundment/immobilization of vehicle for a period of 10 days
- Florida SR22 insurance requirement
NOTE: COMMERCIAL MOTOR VEHICLES
Persons convicted of driving a CMV (commercial motor vehicle) while under the influence will be disqualified from operating a commercial motor vehicle for 1 year, this will be in addition to the penalties above.
ENCHANCED PENALTIES: BAC 0.15 & Higher OR Minor Under 18 in vehicle
If convicted with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the punishments will be as follows:
Fine: $1,000 to $2,000
Jail: up to 9 months in jail
Ignition Interlock: not less than 6 months
ignition interlock restriction upon license re-instatement
Second DUI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a second DUI - drunk driving conviction in Florida:
- Fine: $1,000 to $2,000 fine
- Jail: up to 9 months in jail
- License Revocation: 5 year drivers license revocation if within five years of first DUI (may be eligible for hardship reinstatement after 1 year) [if previous conviction more than 5 years ago same revocation period as for first offense]
- Ignition Interlock: at least 1 year ignition interlock restriction upon license re-instatement
- Probation: monthly reporting for a period not to exceed 1 year
- mandatory attendance at DUI school/program
- substance abuse education, evaluation and treatment as required
- possible impoundment/immobilization of vehicle for a period of 30 days
- Florida SR22 insurance requirement
NOTE: COMMERCIAL MOTOR VEHICLES
Persons convicted a second (or subsequent) time of driving a CMV (commercial motor vehicle) while under the influence will be disqualified from operating a commercial motor vehicle for life, this will be in addition to the penalties above.
ENCHANCED PENALTIES: BAC 0.15 & Higher OR Minor Under 18 in vehicle
If convicted with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the punishments will be as follows:
Fine: $2,000 to $4,000
Jail: up to 12 months in jail
Ignition Interlock: not less than 2 years
ignition interlock restriction upon license re-instatement
Third DUI - Drunk Driving Conviction - third degree FELONY
A third drunk driving conviction in Florida is a Felony if it occurs within 10 years of a prior conviction.
The penalty for a third DUI - drunk driving conviction in Florida:
- Fine: $2,000 to $5,000 fine
(not less than $4,000 fine if BAC above 0.15% or minor under 18 years old in vehicle)
- Jail: 30 days to 12 months in jail (up to 5 years if previous DUI's within 10 years)
- License Revocation: 10 years drivers license revocation if previous DUI's were within 10 years (may be eligible for hardship reinstatement after 2 years)
- Ignition Interlock: at least 2 years ignition interlock restriction upon license re-instatement
- Probation: monthly reporting for a period not to exceed 1 year
- mandatory attendance at DUI school/program
- substance abuse education, evaluation and treatment as required
- possible impoundment/immobilization of vehicle for a period of 90 days
- Florida SR22 insurance requirement
ENCHANCED PENALTIES: BAC 0.15 & Higher OR Minor Under 18 in vehicle
If convicted with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the punishments will be as follows:
Fine: not less than $4,000
Fourth DUI - Drunk Driving Conviction - Third Degree FELONY
A fourth drunk driving arrest in Florida is a Felony any time after the first 3 offenses.
The penalty for a fourth DUI - drunk driving conviction in Florida:
- Fine: $2,000 to $5,000
(not less than $4,000 fine if BAC above 0.15% or minor under 18 years old in vehicle)
- Jail: up to 5 years in jail
- License Revocation: permanent revocation of drivers license (may request re-instatement after a period of 10 years)
- mandatory attendance at DUI school/program
- substance abuse education, evaluation and treatment as required
- possible impoundment/immobilization of vehicle for a period of 90 days
- Florida SR22 insurance requirement
ENCHANCED PENALTIES: BAC 0.15 & Higher OR Minor Under 18 in vehicle
If convicted with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the punishments will be as follows:
Fine: not less than $4,000
Implied consent LAWS
It is an offence to refuse to submit to a chemical test in Florida and implied consent laws are enforced.
Penalties for refusing to submit to a chemical test in Florida
In Florida, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
In addition to punishments for DUI the penalties for refusing to submit to a chemical test in Florida are:
First chemical test refusal
- License Suspension: 1 year drivers license suspension
(restricted hardship employment/business drivers license may be available after completing DUI program)
- Florida SR22 insurance requirement
Second (and subsequent) chemical test refusal
A chemical test refusal is admissible as evidence in DUI criminal proceedings
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Florida SR22 insurance (HIGH RISK Auto Insurance)
Florida SR-22 auto insurance is usually required for a period of 3 years after a DUI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider. Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Florida auto insurance in a matter of minutes.
Minimum liability insurance requirements for private passenger vehicles in the state of Florida
The minimum mandatory liability insurance coverage required in the state of Florida for private passenger vehicles is (10/20/10). This equates to the following liability coverage:
- $10,000 bodily injury liability (BIL) per person
- $20,000 for two or more people in one accident
- $10,000 property damage liability (PDL) coverage
- $30,000 in combined single limits
What is (BIL) Bodily Injury Liability insurance?
(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.
What is (PDL) Property Damage Liability insurance?
(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle. Top of page
FREE DUI / DWI Case evaluation & by local Florida Lawyer
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Protect your rights! Talk to a local DUI lawyer
Florida DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Florida drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay.
Talk to a local Florida Drunk Driving Attorney as soon as possible to gather important information such as:
• What penalties do you face if convicted of DUI in Florida?
• What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Florida?
• Does Florida have a mandatory ignition interlock device law?
• Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Florida laws and procedures ?
• When and how can you get your driver’s license reinstated in Florida?
It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Florida criminal defense attorney specializing in Florida drunk driving laws today. |
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Disclaimer: While every effort is made to keep all information up to date, the Florida drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Florida DUI lawyer is recommended in all cases.
Useful Florida DUI Links:
DUI - Drunk Driving Laws in Florida
Florida Drivers Manual
Florida SR22 Insurance Requirement
Florida DMV (Department of Highway Safety & Motor Vehicles)
Florida Department of Transportation
Florida State Courts
Florida Department of Financial Services
Florida DUI Lawyers
Florida DUI discussion forum
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