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Florida DUI Laws

The privilege of driving a motor vehicle can be suspended, along with criminal sanctions, if you are convicted of driving under the influence (DUI) of alcohol or other drugs. DUI is taken serious in Florida and elsewhere, since the offense can (and often does) result in serious injuries or deaths. While you likely won't spend time in jail for your first offense (aside from perhaps an overnight stay), the minimum jail time for a second and third offense is 10 days and 30 days, respectively. But the cost of a DUI goes much further, including steep fines and court fees, license suspension, and other negative consequences. If you have been charged with a Florida DUI, make sure you understand the law and your rights.

The following information lays out the basics of Florida DUI law.

Florida DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent

"Per Se" BAC Limit 0.08 Percent
Zero Tolerance (Underage) BAC Limit 0.02 Percent
Enhanced Penalty (Aggravated) BAC Limit 0.15 Percent
Implied Consent to Submit to BAC Test? Yes

Florida DUI Laws: Select Penalties

Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) 6 months, 1 years, 2 years
Mandatory Alcohol Education, Assessment and Treatment Education (all offenses)
Vehicle Confiscation Possible? Yes
Ignition Interlock Device Possible? Yes (mandatory for 2nd offense)

Note: State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to make sure you have the most recent information. 

Florida Ignition Interlock Device (IID) Program

You may be ordered to have an IID installed on your vehicle after a first offense, depending on the judge's discretion, but the devices are mandatory for six months for first-offenders with a BAC of more than 0.15 percent. Second offenses require a one-year period of IID use, while third and successive convictions will result in two or more years of mandatory IID use. Visit the Florida Department of Highway Safety and Motor Vehicles online section about its Ignition Interlock Program to learn more. 

Florida DUI Resources

  • Florida DUI Statutes: Driving Under the Influence (F.S. 316-193).
  • Ignition Interlock Program - Overview of Florida's IID program for DUI offenders (Fla. Dept. of Highway Safety and Motor Vehicles).
  • Driver's License Reinstatement - How to reinstate your license after a suspension (Fla. Dept. of Highway Safety and Motor Vehicles).
  • Florida Licensed DUI Programs - Listing of Florida's official DUI programs, with fees and program locations (Fla. Dept. of Highway Safety and Motor Vehicles).
  • Traffic Law & Substance Abuse Education Course Schools - Complete listing of Florida driving and substance abuse courses, some of which may be completed online (Fla. Dept. of Highway Safety and Motor Vehicles).
  • DUI Laws - This section includes articles on state DUI laws, including the District of Columbia (FindLaw).

Charged under Florida DUI Laws? Talk to an Attorney

A DUI can negatively impact your life in many ways - from having your driver's license suspended to having an IID installed in your car. If you've been charged with a DUI in Florida, you may want to contact a local DUI attorney who can sometimes have charges dropped or reduced, and will always work toward the most favorable outcome possible.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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Next Steps

Contact a qualified DUI attorney to make sure your rights are protected.

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Help Me Find a Do-It-Yourself Solution

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex DUI situations usually require a lawyer
  • DUI defense attorneys can challenge Breathalyzer/Intoxilyzer or blood test results
  • A lawyer can seek to reduce or eliminate DUI penalties
  • A lawyer can help get your license back

Get tailored advice and ask your legal questions. Many attorneys offer free consultations.


 If you need an attorney, find one right now.

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