Florida DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Florida
Florida DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Florida, the law allows only 10 days for a Florida DUI Lawyer to make a request with the Florida DMV (Department of Motor Vehicles) for a hearing to help save your drivers license.
What are the penalties for DUI in Florida?
The penalties for driving under the influence in Florida will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
FL DUI Penalties
Florida is a state with a 10 year 'washout period' also known as a 'look back period'
1st DUI Offense - Misdemeanor
The penalty upon conviction of a first DUI offense in Florida:
- Fines: $500 to $1,000
- Imprisonment: up to 6 months in jail
- Drivers License Revocation: 180 days to 1 year drivers license revocation
- Restricted Drivers License: restricted hardship employment/business drivers license may be available after completing DUI program
- Ignition Interlock: no requirement unless enhanced DUI (see below)
- Probation: monthly reporting for a period no to exceed 1 year
- Mandatory 50 hours community service or pay $10 fine for every hour given in lieu of performing community service if certain circumstances apply
- Mandatory at DUI school / program
- Substance abuse education, evaluation and treatment as required
- possible impoundment / immobilization of vehicle for a period of 10 days
- FL SR22 Insurance (proof of financial responsibility) 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.
ENHANCED PENALTIES:
If convicted of driving under the influence with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the penalties 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 (IID) restriction upon license reinstatement
2nd DUI Offense - Misdemeanor
The penalty upon conviction of a second DUI offense in Florida:
- Fines: $1,000 to $2,000
- Imprisonment: up to 9 months in jail
- Drivers License Revocation: 5 years drivers license revocation if within 5 years of a first DUI offense (may be eligible for hardship drivers license reinstatement after a period of 1 year)
[if previous DUI conviction more than 5 years ago, same revocation period applies as that of a first offense] - Ignition Interlock: at least 1 year ignition interlock device (IID) restriction upon license reinstatement
- Probation: monthly reporting for a period no 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
- FL SR22 Insurance (proof of financial responsibility) 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.
ENHANCED PENALTIES:
If convicted of driving under the influence with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the penalties 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 (IID) restriction upon license reinstatement
3rd DUI Offense - Third Degree Felony
A third DUI conviction in Florida is a felony if it occurs within 10 years of prior convictions.
The penalty upon conviction of a third DUI offense in Florida:
- Fines: $2,000 to $5,000
- Imprisonment: 30 days to 12 months in jail (up to 5 years in jail if previous DUI's within 10 years)
- Drivers License Revocation: 10 years drivers license revocation if previous DUI's were within 10 years (may be eligible for hardship license reinstatement after a period of 2 years)
- Ignition Interlock: at least 2 years ignition interlock device (IID) restriction upon license reinstatement
- Probation: monthly reporting for a period no 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
- FL SR22 Insurance (proof of financial responsibility) Requirement
ENHANCED PENALTIES:
If convicted of driving under the influence with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the penalties will be as follows:
Fine: not less than $4,000
4th DUI Offense - Third Degree Felony
A fourth DUI conviction in Florida is a felony at any time after the first 3 convictions.
The penalty upon conviction of a fourth DUI offense in Florida:
- Fines: $2,000 to $5,000
- Imprisonment: up to 5 years in jail
- Drivers License Revocation: permanent drivers license revocation (may submit a request for drivers license reinstatement 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
- FL SR22 Insurance (proof of financial responsibility) Requirement
ENHANCED PENALTIES:
If convicted of driving under the influence with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the penalties will be as follows:
Fine: not less than $4,000
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in Florida and implied consent laws are enforced. Refusal will lead to drivers license revocation which will be in addition to any penalties received for DUI.
Chemical Test Refusal Penalties - Florida
First Chemical Test Refusal
- Drivers License Suspension: 1 year drivers license suspension
- FL SR22 Insurance (proof of financial responsibility) Requirement
Second (and subsequent) Chemical Test Refusal
- Drivers License Suspension: 18 months drivers license suspension
- FL SR22 Insurance (proof of financial responsibility) Requirement
A chemical test refusal is admissible as evidence in DUI criminal proceedings.
What is the legal alcohol limit in Florida
The maximum legal BAC (blood alcohol content) limits in Florida for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Florida it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Florida it is an offense to drive any motor vehicle that requires a commercial drivers license with 0.04% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Florida it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Florida and implied consent laws are enforced.
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