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Florida DUI Laws

Florida DUI law is probably tougher than DUI law in most other states. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven. 

When you first get arrested for a DUI in Florida you probably sat in jail waiting to be released wondering why in the world they were keeping you so long?  Well, here’s the specific criteria that must be met for the police to release someone after being arrested for a DUI offense in Florida:

• The person is no longer under the influence and;

• The person’s normal faculties are no longer impaired

• The person’s blood/breath alcohol level is lower than 0.05; or

• Eight hours have elapsed from the time the person was arrested.

Here’s a brief overview of what you can expect if convicted of a DUI offense in Florida. The specific 1st offense DUI statute in Florida is 316.193 (3), F.S. and this is what it carries:

Florida DUI Fines

Second DUI Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.

Third DUI Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Fourth or Subsequent DUI Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Florida DUI Penalties

For 316.193 (3) F.S.  you’ll have these requirements:

Florida First Offense DUI Penalties

• Mandatory 50 hours community service

• Fines of $500 to $1,000

• Probation (not to exceed 1 year)

• Jail time not more than 6 months

• Jail time not more than 9 months (BAC .20% or greater)

• License revocation for 180 days (max 1 year)

• Ignition interlock system required for first time offenders with a BAC level of .15% or greater. An ignition interlock device is also required for individuals who were arrested for DUI with a child in the car. Ignition interlock device must be installed for 6 months for first time offenders

Florida Second Offense DUI Penalties

• Mandatory 50 hours community service

• Fines of $1,000 to $2,000

• Jail time not more than 9 months

• Jail time not more than 12 months (BAC .20% or greater) or passenger under 18 years of age in vehicle

• Mandatory imprisonment of at least 10 days (48 hours must be consecutive)

• License revocation for 5 years, may be eligible for hardship license after 1 year.

• Ignition interlock system mandatory for 2 years minimum

Florida Third Offense DUI Penalties

• Mandatory 50 hours community service

• Fines of $1,000 to $2,500

• Mandatory imprisonment of at least 30 days up to 12 months.  At least 48 hours of confinement must be consecutive.

• Minimum 10 years revocation.  May be eligible for hardship license after 2 years.

• Ignition interlock system mandatory

• Completion of mandatory DUI treatment course

Florida Fourth or Subsequent DUI Offense Penalties

• 3rd degree felony charge

• Classification as habitual /violent offender.

• Mandatory permanent drivers license revocation.  No hardship eligibilities.

• Fines of $1,000 to $5,000

• Imprisonment not exceeding 5 years for life felony (habitual not exceeding 10 years)

Florida BAC Presumptions

• BAC levels of .001% to .05% is presumed not to be under the influence

• BAC levels of .051% to .079% is presumed not to be underr the influence, but is admissible in court

• BAC levels of .08% or greater are presumed to be under the influence

Florida Implied Consent Laws

• Chemical testing is allowed. Breath test for alcohol and urine test for drugs. Blood test if an accident involves serious personal injury or death

• Officer is required to advise the defendant of the penalties for test refusal

• Test results of .08% or greater result in 6 month license suspension

• Test refusal results in a 1 year to 18 month license suspension, which is admissible in criminal proceedings.

Chemical Testing

• Chemical tests are presumed valid if the officer certifies substaincial compliance with the laws and regulations of the Department of Law Enforcement

• Blood test: Blood draws for police testing must be administered by a physician, nurse or other qualified person

• Independent chemical testing by a qualified person is allowed. Defendant is responsible for all costs incurred with test

• Test results must be made available to the defendant and the defendant's Florida DUI lawyer, upon request

No matter if you are a first time offender or a repeat offender, your Florida DUI will carry serious consequences for your insurance premiums. You will either find that you are dropped by your insurance provider, or you will find that your premium cost skyrockets. This can even affect your family members that are on your insurance policy.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of Florida and has worked out a special discount only available here to our website visitors. 

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