Florida DUI & DWI Laws
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|
$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 – LeppardLaw.com
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 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
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.
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: http://www.flhsmv.gov/ddl/duilaws.html