Learn More About DWIs

Florida DUI & DWI Laws

Feb 23, 2016

In Florida, a person can be arrested for a DUI if their blood alcohol concentration (BAC) is .08% or higher. A DUI, or driving under the influence, is a drunk driving conviction where the BAC is above the state legal alcohol limit, rendering the driver legally impaired.

The legal limit in Florida is as follows:

  • Standard, non-commercial driver’s: .08% BAC
  • Commercial driver’s: .04% BAC
  • Drivers under 21: .02% BAC

Penalties, Fines, & Suspension

Florida DUI & DWI Penalties, Fines, & Suspension
Penalty Minimum Penalty Maximum Penalty
Jail  None  6 months

9 months max if BAC is .15 or above

9 months max if a child is present in the vehicle

1 year max if a crash occured

Probation  Early Termination  1 year
Driver’s License Suspension  6 months  1 year
Community Service  50 hours  Discretionary
Impoundment  10 days  30 days
Ignition Interlock  None  6 months
DUI Counterattack Class  Required
Victim Impact Panel  Required
Fine  $500  $1,000

$2,000 max if BAC is .15 or above

$2,000 max if a child is present in the vehicle

Chart provided by Orlando DUI attorney –

Chemical Test Refusal
Florida is an “implied consent” state, which means that anyone with a Florida driver’s license has agreed to take a chemical test, such as a breath analyzer, if arrested or stopped for a DWI. If you do not comply with the chemical test, the state can suspend a person’s driving privileges. If a person refuses a chemical test multiple times, the punishment is increased. All driver’s license are subject to driver’s license suspension for chemical test refusal is in addition to any punishment for the DUI conviction.

1st offense: 1 year suspension
2nd offense: 18 month suspension

Ignition Interlock

Ignition Interlock devices are discretionary in DUI cases in Florida. If an ignition interlock is required, a dashboard breath tester will be installed in their vehicle for a determined amount of time. The installation and maintenance fees are the responsibility of the driver.

1st offense: Mandatory installation for up to 6 months if the BAC exceeds .15%
2nd and subsequent offenses: Mandatory installation for 1 year if the BAC exceeds .2%
2nd offense Within 5 Years: Mandatory installation for 1 to 2 years
3rd offense Within 10 Years: Mandatory installation for 2 years

Criminal Record

In Florida, a DUI remains on a person’s criminal record for a minimum of 10 years. Most DUIs in Florida are considered a misdemeanors, with the exception of bodily injury in association of the DUI or three DUIs within a 10 year period. With those expectations, a DUI can be upgraded to a felony charge with heightened penalties.

Under 21

Florida has laws that address driver’s who are operating vehicles under the influence and are also under 21. The legal limit for drivers under 21 is .02%.

1st offense: 6 month suspension
1st offense where the driver refused chemical testing: 1 year suspension
2nd offense: 1 year suspension
2nd offense where the driver refused chemical testing: 18 months suspension

More on FL DUI Laws:

Florida DUI and Administrative Suspension Laws:

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Updated: February 20, 2017 at 10:50 am