Latest Article

Nebraska DUI Law Information

Nebraska drivers face severe fines and penalties if convicted of a DUI.

Florida DUI Law Information

Florida DUI

Drivers arrested in the State of Florida for driving under the influence of drugs or alcohol (DUI) will face severe DUI penalties including potential jail time, a driver’s license suspension, potential mandatory ignition interlock installation, and fines.

Florida DUI defined

A Florida driver is guilty of DUI if they are in actual physical control of the vehicle and they are under the influence of alcoholic beverages or any chemical substance defined under state law which affects their ability to the extent that the person’s normal faculties are impaired; or they have a blood alcohol concentration of 0.08% or higher.

Commercial drivers can be charged with a per se DUI violation with a BAC of 0.04% or higher, and drivers under the age of 21 can be charged with DUI with a BAC of 0.02% or higher.

Florida Look Back or wash-out period: 5 years for a second offense, 10 years for a third offense

If a driver’s second or third DUI occurs during the look back period the DUI penalties can be substantially increased. The date begins on the date of the first DUI arrest.

Criminal DUI Penalties in Florida

First DUI offense:
(Misdemeanor)

  • Fines of $500 up to $1,000
  • Imprisonment for a maximum of 6 months
  • License suspension of 180 days up to 1 year
  • Probation
  • Vehicle impoundment
  • DUI school with evaluation and treatment
  • 50 hours of community service 

(Higher fines and penalties are assessed if the driver’s BAC is above 0.15%)

Second DUI offense:
(Misdemeanor

  • Fines of $1,000 up to $2,000
  • Mandatory 10 days in jail up to a maximum of 9 months
  • Mandatory ignition interlock device installed for a minimum of one
    year at the expense of the driver
  • 12 months probation
  • Vehicle impounded for 30 days
  • Mandatory DUI school with treatment and evaluation
  • Mandatory driver’s license revocation for 5 years

(Higher fines and penalties are assessed if the driver’s BAC is above 0.15%) 

Third DUI offense:
(Third Degree Felony)
(Within 10 years of previous offense)

  • Fines up to $3000
  • Mandatory installation of an ignition interlock device for no
    less than 2 years at the driver’s expense
  • Mandatory driver’s license revocation for 10 years
  • Mandatory 30 days in jail with up to five years in state prison
  • Vehicle impoundment for 90 days
  • Mandatory alcohol evaluation and treatment
  • Up to 60 months probation

(Higher fines and penalties are assessed if the driver’s BAC is above 0.15%) 

Fourth DUI offense
(Within the last 10 years)

  • Fines up to $4,600
  • Up to 60 months of probation
  • Permanent driver’s license revocation
  • Jail time varies based on prior DUI conviction dates
  • Up to 90 day impoundment which varies based on previous DUI conviction dates
  • Mandatory ignition interlock device for 2 years
  • Mandatory drug and alcohol treatment

Florida Implied Consent Law (Florida Statute 316.1932 Implied consent)

Drivers in Florida have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Florida Department of Highway Safety and Motor Vehicles and are imposed regardless of whether the driver is ultimately convicted of DUI.

Drivers who refuse the chemical test or who have a BAC above the illegal limit will face the following administrative penalties:

  • First refusal- 1 year driver’s license suspension
  • Second refusal- 18 month license suspension. A second refusal is also classified as a first degree misdemeanor charge with penalties of up to one year in jail, 12 months probation, and fines up to $1,000.

In addition to these penalties, a chemical test refusal is admissible into evidence against the accused in any criminal proceeding.

To challenge an administrative suspension, drivers must request an administrative hearing by contacting Florida Department of Highway Safety and Motor Vehicles.

(Read more: - state laws )





Related Pages