Florida DUI Laws

Being arrested for driving under the influence in Florida is one of the most stressful experiences you can go through. Suddenly, you’re facing the possibility of losing your license, paying steep fines, going to jail, and having a permanent criminal record that could follow you for the rest of your life.

I’ve represented countless people accused of DUI across Florida, and I know just how frightening this process can feel. The good news is that an arrest does not automatically mean a conviction. You have rights, and you have legal defenses that may apply to your situation.

To help you understand what you’re up against, let’s break down the most important Florida DUI laws that prosecutors and police rely on in these cases.

If you’ve been charged with DUI in Florida, call 1-888-839-4384 or use our online contact form for a free consultation with an experienced Florida DUI lawyer today!

What is Considered DUI Under Florida Law?

The foundation of Florida DUI law is found in Florida Statutes Section 316.193. Under this law, a person is guilty of driving under the influence if they are either:

1. Operating or in actual physical control of a vehicle while under the influence of alcohol or controlled substances to the extent that normal faculties are impaired, or
2. Operating or in actual physical control of a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.

This means you can be convicted of DUI even if your BAC is below 0.08%, if the prosecutor proves that alcohol, drugs, or even prescription medication impaired your ability to operate a vehicle safely.

Florida’s Implied Consent Law

Florida, like most states, has what’s known as an implied consent law. Under Florida Statutes Section 316.1932, by driving on Florida roads, you are deemed to have consented to a breath, blood, or urine test if lawfully arrested for DUI. If you refuse a breathalyzer or other chemical test:

• A first refusal results in an automatic one-year license suspension.
• A second refusal results in an 18-month suspension and can be charged as a first-degree misdemeanor, punishable by up to one year in jail.

Police officers often warn drivers about implied consent at the roadside. While refusing might prevent the state from obtaining a BAC reading, the penalties can be severe, and prosecutors may argue that your refusal shows “consciousness of guilt.”

Penalties for DUI in Florida

The penalties for DUI in Florida depend on several factors, including whether it’s your first offense, your BAC level, whether a minor was in the vehicle, and whether an accident occurred.

Offense	Fines	Jail Time	License Suspension	Other Penalties
First DUI	$500 – $1,000 ($1,000 – $2,000 if BAC ≥ 0.15% or minor in vehicle)	Up to 6 months (Up to 9 months if BAC ≥ 0.15% or minor present)	180 days – 1 year	Mandatory DUI school, probation up to 1 year, 50 hours community service, vehicle impoundment for 10 days
Second DUI	$1,000 – $2,000 ($2,000 – $4,000 if BAC ≥ 0.15% or minor in vehicle)	Up to 9 months (Up to 12 months if BAC ≥ 0.15% or minor present)	5 years (minimum 5 days jail if within 5 years of prior)	Mandatory ignition interlock device (IID) for at least 1 year, possible vehicle impoundment for 30 days
Third DUI (within 10 years)	$2,000 – $5,000 ($4,000 minimum if BAC ≥ 0.15% or minor in vehicle)	Up to 5 years (felony) if within 10 years Up to 12 months if outside 10 years	10 years (if within 10 years of prior)	Mandatory IID for at least 2 years
Fourth or Subsequent DUI	$2,000 minimum	Up to 5 years (felony)	Permanent license revocation (no hardship license)	Felony conviction, habitual offender status
Aggravated DUI (BAC ≥ 0.15% or minor in vehicle)	$1,000 – $5,000 (higher fines for repeat offenses)	Up to 9 months for 1st offense Up to 12 months for 2nd offense	Enhanced suspensions apply	Mandatory IID (6 months – 2 years), possible enhanced probation terms

Underage DUI in Florida

For drivers under 21, Florida has a zero-tolerance policy under Section 322.2616. If you’re under 21 and your BAC is 0.02% or higher, your license will be suspended for 6 months. This is an administrative license suspension and doesn’t require a criminal conviction. However, if your BAC is 0.08% or higher, you can still face the same criminal DUI charges as an adult.

Commercial Driver DUI

If you hold a commercial driver’s license (CDL), the standard is stricter. Under Section 322.61, a BAC of just 0.04% can result in a DUI charge. Penalties include:

• One-year CDL disqualification for a first offense
• Lifetime CDL disqualification for a second offense

Boating Under the Influence (BUI)

Florida also criminalizes operating a boat while impaired. Under Florida Statute 327.35, boating under the influence carries many of the same penalties as DUI:

• BAC limit: 0.08%
• Penalties: Fines, jail time, community service, and potential vessel impoundment

Because Florida has more registered boats than any other state, BUI arrests are common, particularly during holidays.

DUI Diversion Programs

Some Florida counties offer diversion programs for first-time offenders, sometimes known as DUI Back on Track programs. These programs may allow you to plead to a reduced charge (such as reckless driving) in exchange for completing alcohol education, treatment, community service, and fines.

Eligibility depends on your record and the facts of your case. Not all counties offer diversion, and prosecutors decide who qualifies.

Administrative License Suspension (ALS)

When you’re arrested for DUI in Florida, you actually face two separate cases:

1. The criminal case in court, and
2. The administrative suspension through the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

You only have 10 days from the date of your arrest to request a formal review hearing with the DHSMV. If you don’t, your driver’s license will be automatically suspended.

Common Defenses to DUI in Florida

Every DUI case is unique, and the defenses available to you depend on the facts. Some common defenses include:

• Illegal stop: Police must have reasonable suspicion to pull you over.
• Improper field sobriety tests: These tests are subjective and often unreliable.
• Faulty breathalyzer: Breath tests must be properly maintained and calibrated under strict Florida administrative rules.
• Medical conditions: Certain health issues, such as hypoglycemia or diabetes, can mimic signs of impairment.
• Rising BAC defense: Your BAC may have been below the legal limit while driving, but rose by the time of testing.

Why Hiring a Florida DUI Lawyer is Essential

Florida DUI laws are some of the toughest in the country, and prosecutors aggressively pursue these cases. Without skilled legal representation, you could end up with maximum penalties, a permanent criminal record, and lifelong consequences.

As your DUI lawyer, I would investigate every aspect of your case, from the legality of the stop to the reliability of the evidence against you. I would also represent you in the DHSMV license suspension hearing, which is just as important as the criminal case for protecting your right to drive.

Talk To A Florida DUI Lawyer Today

Facing a DUI charge in Florida is overwhelming, but you don’t have to face it alone. Understanding Florida DUI laws is the first step toward building a defense and protecting your future. The law is complex, penalties are severe, and time is of the essence.

If you or someone you love has been arrested for DUI in Florida, I strongly urge you to consult with an experienced Florida DUI lawyer immediately. The sooner you act, the more options we have to fight for your rights and secure the best possible outcome.