{"id":372556,"date":"2016-04-04T10:45:09","date_gmt":"2016-04-04T15:45:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-dui-laws.html"},"modified":"2024-03-29T15:23:31","modified_gmt":"2024-03-29T20:23:31","slug":"florida-dui-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-dui-laws.html","title":{"rendered":"Florida DUI Laws"},"content":{"rendered":"\n
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Florida DUI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Driving under the influence of alcohol or drugs (DUI) is a dangerous crime. The state of Florida takes DUI offenses very seriously. You face suspension of your license to drive a motor vehicle, along with criminal sanctions, if convicted of driving under the influence. The cost of a DUI can include steep fines and court fees, license suspension, and other negative consequences. If you receive a Florida DUI, it’s important that you understand both the law and your rights.<\/p>\r\n

Blood Alcohol Concentration (BAC) Limits and Implied Consent
\r\n<\/h2>\r\n\r\n<\/tr>
"Per Se" BAC Limit<\/a><\/th>\r\n0.08 Percent<\/td>\r\n<\/tr>
Zero Tolerance (Underage) BAC Limit<\/a><\/th>\r\n0.02 Percent<\/td>\r\n<\/tr>
Enhanced Penalty (Aggravated) BAC Limit<\/a><\/th>\r\n0.15 Percent<\/td>\r\n<\/tr>
Implied Consent<\/a> to Submit to BAC Test?<\/th>\r\nYes<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Penalties<\/h2>\r\n\r\n
Minimum License Suspension or Revocation<\/a> (1st, 2nd, 3rd offense)<\/th>\r\n6 months, 1 year, 2 years<\/td>\r\n<\/tr>
Mandatory Alcohol Education, Assessment and Treatment<\/a><\/th>\r\nEducation (all offenses)<\/td>\r\n<\/tr>
Vehicle Confiscation<\/a> Possible?<\/th>\r\nYes<\/td>\r\n<\/tr>
Ignition Interlock Device<\/a> Possible?<\/th>\r\nYes (mandatory for 2nd offense)<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are constantly 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.<\/i><\/p>\r\n

Florida DUI Laws<\/h1>\r\n

Florida statutes prohibit anyone from driving or being in actual physical control of a vehicle when they are under the influence of alcohol, a controlled substance, or another chemical substance that causes impairment to their normal faculties.<\/p>\r\n

The language of Florida’s DUI law means you don’t have to be driving to be subject to a DUI charge. You could be sitting in the car, or near it with the keys, and law enforcement can consider if you could easily drive in making this determination.<\/p>\r\n

Florida has set a blood alcohol content (BAC)<\/a> limit of 0.08%. If you are driving a commercial vehicle, the BAC limit is 0.04%. At this level, or if you test higher, you are per se intoxicated. Per se intoxication<\/a> does not need further evidence of your impairment for a drunk driving charge.<\/p>\r\n

You don’t have to be at or above a BAC of 0.08% for a DUI charge. You may be below this limit yet still be charged if showing clear signs of impairment.<\/p>\r\n

Florida’s laws also prohibit driving under the influence of controlled substances, such as illegal drugs, legal medical marijuana, and other chemicals that alter your \u201cnormal faculties." This can mean you cannot walk steadily, are slurring your words, or are weaving while driving. You may also have failed the field sobriety tests, which police officers use to gauge intoxication.<\/p>\r\n

Underage DUI<\/h2>\r\n

Florida has zero-tolerance laws<\/a> that make it illegal for anyone under 21 to drive under the influence of alcohol or drugs. If caught with a BAC of 0.02% or more, law enforcement will charge you, causing you to lose your license for six months. A second offense will revoke your driver’s license for 18 months. If you refuse chemical tests, your license suspension is 12 months for the first instance and 18 months for the second. <\/p>\r\n

You face the same penalties as an adult if your BAC is 0.08% or more.<\/p>\r\n

Aggravated DUI<\/h2>\r\n

Several circumstances will elevate your charge to an aggravated DUI, which is at least a third-degree felony offense. Aggravated DUIs carry more severe penalties that will vary depending on the circumstances of your charge. You will face an aggravated charge if:<\/p>\r\n