FLORIDA DUI LAW

Blood Alcohol Level (BAL) for a DUI in Florida:

• Standard BAL: .08% or above
• Zero Tolerance BAL: .02% or above
• Professional Drivers: .04% or above
• High BAL: .20% or above

Implied Consent and Chemical Test Refusal: Refusing to take a breathalyzer, blood, or urine test in Florida is a violation of Florida’s Implied Consent Law. A court will automatically suspend your license for one year after your first offense and 18 months after your second offense. If you were involved in an accident resulting in a serious injury, the Florida police may require you to take a blood test instead of a breathalyzer or urine test without your consent.

Because a DUI violation in Florida can result in serious and long term penalties, if you are charged with a DUI, you should strongly consider contacting an attorney who specializes in Florida DUI cases. Florida DUI law can vary from county to county, and hiring an attorney who knows the local court rules of your county can be a great help to you.

DUI Arrest-Civil Case

Potential Penalties:

• License Suspension:
  • First DUI Conviction: 180 days to one year. You must also complete 12 hours of DUI School.
  • Second DUI Conviction: If your Second DUI is not within 5 years of your first DUI, your license will be revoked from between 180 days to 1 year from the conviction. If your second DUI is within 5 years of your first DUI, your license will be revoked for 5 years. You must also complete 21 hours of DUI School.
• Monetary Fines:
  • First DUI Conviction: Between $250-500. But, if you had a BAL of over .20% or there was a minor in the car, between $500-1,000.
  • Second DUI Conviction: Between $500-1,000. If you had a BAL over .20% or a minor in the vehicle with you, between $1,000-2,000.
• Community Service: 50 hours of mandatory community service is required in Florida after your first DUI conviction.
• Probation: 1 year
• Motor Vehicle Impound
  • First Conviction: 10 days
  • Second Conviction (if within 5 years): 30 days
• Ignition Interlock:
  • First DUI: Only if court ordered, for a maximum of 6 months
  • Second DUI: 1-2 years depending on BAL content
• Prison Time:
  • First DUI: Not to exceed 6 months. If you had a BAL of greater than .20%, not to exceed 9 months
  • Second DUI: Not to exceed 9 months, unless you had a BAL greater than .20%, then, not to exceed 12 months. If your second DUI conviction was within 5 years of your first DUI, you must serve at least 10 days in prison.

  DUI Arrest-Criminal Charges

  If you are convicted of a DUI and criminal charges have been filed against you, you have the right to an attorney, and should contact a qualified criminal lawyer to defend you and help you navigate the Florida criminal justice system.

  Potential Criminal Consequences: If a DUI results in serious bodily harm, regardless of how many DUI convictions you have had, you can be charged with a Third Degree Felony. Any DUI violation that results in property damage can be charged as a First Degree Misdemeanor

  • First DUI Conviction: You can be charged with a First Degree Misdemeanor if you caused property damage or personal injury. This means that you face up to 1 year in prison and a $1,000 fine.
  • Second DUI: You can be charged with a Third Degree Felony. You will have to pay a fine of up to $5,000, and serve up to 5 years in prison.

  Reinstating Your License After DUI Conviction:

  • Take the required drivers’ examination
  • Pay a $135 administrative fee, and a $60 reinstatement fee
  • Liability insurance is required for your license to be reinstated

  Effect of DUI on Car Insurance: To qualify for a restricted license after a DUI, or to have your general license reinstated, you must have car insurance and present the Florida DMV with an SR-22 Proof of Insurance Certificate. Your insurance carrier may decide not to continue your insurance coverage if you are arrested for a DUI, or may raise your insurance rates every year for as many as 10 years.

  Effect of DUI on Driving Record: In Florida, a DUI remains on your record permanently.

  Under 21 and DUI: Florida’s Zero Tolerance law applies to anyone under the age of 21 who operates a motor vehicle with a BAL of .02% or higher. Your driver’s license will be automatically suspended for 6 months upon your first offense and 1 year on your second offense.

  Florida Resources

  Florida Highway Safety and Motor Vehicle Department

  Florida DMV-DUI Laws and Penalties