Florida DUI Laws
The privilege of driving a motor vehicle can be suspended, along with criminal sanctions, if you are convicted of driving under the influence (DUI) of alcohol or other drugs. DUI is taken serious in Florida and elsewhere, since the offense can (and often does) result in serious injuries or deaths. While you likely won't spend time in jail for your first offense (aside from perhaps an overnight stay), the minimum jail time for a second and third offense is 10 days and 30 days, respectively. But the cost of a DUI goes much further, including steep fines and court fees, license suspension, and other negative consequences. If you have been charged with a Florida DUI, make sure you understand the law and your rights.
The following information lays out the basics of Florida DUI law.
Florida DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent
|"Per Se" BAC Limit||0.08 Percent|
|Zero Tolerance (Underage) BAC Limit||0.02 Percent|
|Enhanced Penalty (Aggravated) BAC Limit||0.15 Percent|
|Implied Consent to Submit to BAC Test?||Yes|
Florida DUI Laws: Select Penalties
|Minimum License Suspension or Revocation (1st, 2nd, 3rd offense)||6 months, 1 years, 2 years|
|Mandatory Alcohol Education, Assessment and Treatment||Education (all offenses)|
|Vehicle Confiscation Possible?||Yes|
|Ignition Interlock Device Possible?||Yes (mandatory for 2nd offense)|
Note: State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to make sure you have the most recent information.
Florida Ignition Interlock Device (IID) Program
You may be ordered to have an IID installed on your vehicle after a first offense, depending on the judge's discretion, but the devices are mandatory for six months for first-offenders with a BAC of more than 0.15 percent. Second offenses require a one-year period of IID use, while third and successive convictions will result in two or more years of mandatory IID use. Visit the Florida Department of Highway Safety and Motor Vehicles online section about its Ignition Interlock Program to learn more.
Florida DUI Resources
- Florida DUI Statutes: Driving Under the Influence (F.S. 316-193).
- Ignition Interlock Program - Overview of Florida's IID program for DUI offenders (Fla. Dept. of Highway Safety and Motor Vehicles).
- Driver's License Reinstatement - How to reinstate your license after a suspension (Fla. Dept. of Highway Safety and Motor Vehicles).
- Florida Licensed DUI Programs - Listing of Florida's official DUI programs, with fees and program locations (Fla. Dept. of Highway Safety and Motor Vehicles).
- Traffic Law & Substance Abuse Education Course Schools - Complete listing of Florida driving and substance abuse courses, some of which may be completed online (Fla. Dept. of Highway Safety and Motor Vehicles).
- DUI Laws - This section includes articles on state DUI laws, including the District of Columbia (FindLaw).
Have an Experienced DUI Attorney Review Your Case for Free
If you have been charged with a DUI in Florida, you may want to have an attorney review the case and the evidence against you. An attorney can sometimes have charges dropped or reduced, but will always work toward the most favorable outcome possible. Have an attorney well-versed in Florida DUI law review your case at no cost to you review your case at no cost to you.