Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.
Jeffrey Johnson, J.D. Deputy Legal EditorJeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.
Written By Jeffrey Johnson, J.D. Deputy Legal EditorJeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.
Jeffrey Johnson, J.D. Deputy Legal EditorJeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.
Deputy Legal Editor Brette Sember, J.D. contributorBrette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.
Brette Sember, J.D. contributorBrette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.
Brette Sember, J.D. contributorBrette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.
Brette Sember, J.D. contributorBrette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.
Updated: Aug 28, 2023, 3:11pm
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Knowing what the Florida DUI laws are and what the penalties are will make you think twice about getting behind the wheel. A DUI in Florida is expensive and can land you in jail for quite a while. If the laws seem confusing, don’t worry.
Our Florida DUI laws guide tells you how Florida treats driving under the influence and some of the circumstances that can make a bad decision even worse.
Florida uses the term Driving Under the Influence (DUI) rather than DWI. The state defines driving, for the purposes of DUI, as “driving or in actual physical control of a vehicle.” The phrase “actual physical control” is used in many states, and it generally means that you were in a position to easily drive the vehicle.
For example, someone sitting in the driver’s seat with the keys in the ignition would probably be considered in “actual physical control” of the car, while someone laying down in the back seat would not be.
Also, as in many other states, being “under the influence” is defined in two separate ways in Florida.
Being legally under the influence, or “per se” under the influence, means that you meet the statutory requirements of being impaired even if you seem perfectly sober. Florida law says that anyone with a blood alcohol concentration (BAC) of 0.08 grams per 100 mL of blood is under the influence. Along the same lines, anyone with a breath-alcohol level of 0.08 grams of alcohol per 210 liters of breath is under the influence. Either of these is referred to as a BAC of .08.
A person in Florida is under the influence of alcohol or any chemical substance set forth under Florida law “when affected to the extent that the person’s normal faculties are impaired.” This relatively subjective standard allows Florida to charge drivers who seem impaired even if they aren’t approaching the levels described above.
The law does require that the person be under the influence of an alcoholic beverage or other controlled substance, however, so the prosecutor must at least show some drug or alcohol use.
Interestingly, Florida’s list of controlled substances is extensive and includes acetone and nitrous oxide.
As in most states, the penalties for a DUI in Florida escalate as you get more and more convictions. Florida also modifies the punishments for all DUIs if you had a BAC over 0.15 or if there was a minor in the car.
Your first conviction for a DUI in the state will result in a fine between $500 and $1,000 and up to six months imprisonment. If your BAC is over 0.15 or if there was a minor in your vehicle, the fine will be between $1,000 and $2,000 and you face up to nine months imprisonment.
The penalties for a second DUI conviction in Florida—regardless of how long ago the first conviction was—are the same as the punishments for a first DUI with aggravating factors. Aside from facing a fine of $1,000-$2,000 and up to nine months imprisonment, a second DUI also requires an interlock ignition device on all vehicles owned in part by the offender for at least one year.
These devices cost hundreds of dollars per year to install and monitor and require that the driver blow into a breath testing device to confirm they haven’t had any alcohol before they can start their vehicle.
If the aggravating factors—a BAC over 0.15 or the presence of a minor—exist for a second DUI conviction, the fines increase to $2,000-$4,000 and up to 12 months imprisonment.
Convictions for your third DUI is considered a felony if it’s been less than 10 years since the second conviction. A fourth DUI conviction is a felony regardless of how much time has passed.
Third DUI within 10 years of secondFelony Fine between $2,000-$5,000 Mandatory imprisonment for 30 days Two years of ignition interlock device
Fine of at least $4,000 Mandatory imprisonment of up to 12 months Third DUI after 10 yearsFine between $2,000-$5,000 Not more than 12 months imprisonment with at least 48 hours consecutive Two years of ignition interlock device
Fine of at least $4,000 Fourth DUIFelony Fine of at least $2,000 Imprisonment for up to five years At least five years of ignition interlock device
Fine of at least $4,000 See More See LessIn addition to the above penalties, anyone convicted of a DUI is required to complete a minimum of 12 months probation and 50 hours of community service (and pay a fee for community service).
They must also complete a substance abuse course which includes an evaluation. If the program refers the person to a treatment program, they are required to complete it as a condition of their probation. Failure to complete treatment results in revocation of the driver’s license. Costs of the substance abuse program and treatment are the responsibility of the defendant.
In addition to substance abuse classes, most DUI defendants are required to attend DUI class before their license can be reinstated.
Not only can a DUI in Florida result in losing your driving privileges, going to jail and paying a hefty fine; there are other penalties that the state can impose. For example, all vehicles involved in a DUI will be impounded, with the length of time based on how many convictions you’ve had.
A DUI resulting in property damage or non-serious personal injury is punishable by up to a $1,000 fine and up to one year in jail.
A DUI causing serious injury is punishable by up to a $5,000 fine and up to five years in prison.
DUI manslaughter or vehicular homicide are both second-degree felonies punishable by up to a $10,000 fine, up between four and 15 years in prison and up to 15 years probation. If the driver knew or should have known about the crash but didn’t help or inform authorities of the crash, they can be imprisoned for up to 30 years.
One of the major non-criminal punishments for DUI in Florida is the loss of driving privileges. As with all other DUI-related penalties, the severity of the punishment increases with repeat offenses.
First offense 180 days to one year First offense with bodily injury Minimum three years Second offense more than five years after first Same as first offense Second offense within five years of first Minimum five years (eligible for hardship reinstatement after one year) Third offense 10 years or more from second Same as first offense Third offense within 10 years of second Minimum 10 years (eligible for hardship reinstatement after two years) Fourth offense Permanent revocation (eligible for hardship reinstatement after five years) DUI ManslaughterPermanent revocation (eligible for hardship reinstatement after five years if no prior DUI-related convictions)
DUI serious bodily injury or vehicular homicide Three years See More See LessIn order to beat a DUI you’ll need to prevent the prosecutor from proving the case. This means you or your attorney will have to convince at least some members of a jury that you either weren’t driving or weren’t intoxicated or under the influence of drugs. Alternatively, you might be able to get some evidence thrown out which would make it impossible for the prosecutor to prove their case.
Every defense, however, is going to depend on the facts and circumstances surrounding the case. You can learn more about potential defenses to DUI, but you should consult an attorney to figure out the best strategy for you.
Depending on where you live, you may be eligible to take part in a pretrial intervention program. If you only have one or less previous convictions, no violent convictions and haven’t previously used the pretrial intervention program you may be able to have your DUI dismissed. The judge, prosecutor and any victims of your actions will all need to approve. If you complete the program, however, your DUI will be dismissed and may be expunged from your record.
After you’ve completed any requirements to get your license back, you’ll need to provide proof that you have completed all of the requirements imposed upon you, including substance abuse classes and DUI school. You can go to any Florida driver license service center and present the proof along with any applicable fees to get your license back. You will have to pay a reinstatement fee, an administrative and all licensing fees. You also must provide proof of insurance.
This last offense is called “DUI Manslaughter” and is a second degree felony punishable by up to 15 years in prison.
DUI checkpoints are legal in Florida. Florida requires that all checkpoint locations be publicly posted before the check begins and that drivers aren’t stopped for more than an average of three minutes.
Most Florida DUIs are misdemeanors, and the average misdemeanor in Florida takes three to six months to resolve.
In many states, a DUI only stays on your record for two, five or 10 years. In Florida, however, a DUI is a part of your permanent driving record. This means that a DUI will always be on your driving record in Florida and that it can never be expunged.
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