What constitutes a DUI offense in Florida?

Under Florida law, a person is guilty of Driving Under the Influence (DUI) if they are driving or in actual physical control of a vehicle within the state and they:

  • Have a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood;

  • Have a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath;

  • Are under the influence of alcoholic beverages, any chemical substance set forth in §877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired.

Reference: Fla. Stat. § 316.193(1)
 

What are the penalties for a first DUI conviction in Florida?

For a first DUI conviction, the penalties can include:

  • A fine of $500 to $1,000;

  • Up to 6 months of imprisonment;

  • License revocation for a minimum of 180 days;

  • 50 hours of community service or additional fines;

  • 12 hours of DUI School;

  • A possible order for the installation of an Ignition Interlock Device (IID) for up to 6 months.

Enhanced penalties may apply if the blood-alcohol level is above 0.15, or if a minor is in the vehicle.

Reference: Fla. Stat. § 316.193(2)(a)-(b)

 

How does Florida law address repeat DUI offenses?

The penalties for DUI offenses increase with the number of convictions:

  • Second DUI conviction: Fines increase to $1,000-$2,000, potential imprisonment up to 9 months, and license revocation for at least 5 years if within 5 years of the prior conviction;

  • Third DUI conviction within 10 years of a prior conviction: Considered a third-degree felony, with fines of $2,000-$5,000 and imprisonment up to 12 months, and license revocation for at least 10 years;

  • Fourth or subsequent DUI conviction: Fines of at least $2,000, and can be charged as a third-degree felony regardless of the time frame, with permanent license revocation.

Reference: Fla. Stat. § 316.193(2)-(3)

 

Can a DUI charge be reduced in Florida?

In some cases, a DUI charge may be reduced to a lesser offense, such as reckless driving (commonly referred to as a "wet reckless"). This usually occurs as part of a plea bargain agreement and depends on the circumstances of the case, the defendant's criminal history, and the strength of the evidence.

 

What is an Ignition Interlock Device (IID) and when is it required?

An Ignition Interlock Device is a breathalyzer for an individual’s vehicle. It requires the driver to blow into the device before starting the vehicle. If the device detects a breath-alcohol concentration higher than the programmed amount, the vehicle will not start. In Florida, IIDs are required for:

  • First conviction if the court orders it, especially if the BAC was 0.15 or higher, or a minor was in the vehicle;

  • Second and subsequent convictions.

Reference: Fla. Stat. § 316.193(4)

 

Are there any DUI Diversion Programs in Florida?

Some counties in Florida offer DUI Diversion Programs for first-time DUI offenders, which can lead to charges being dismissed after certain conditions are met. These programs typically include community service, DUI school, counseling, and sometimes the installation of an IID. Eligibility and specific requirements vary by county. To find out if you’re eligible or for more information, you should contact the local State Attorney’s Office or a qualified DUI attorney.

 

What are the consequences of refusing a breathalyzer test in Florida?

Under Florida's "implied consent" law, if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For a first refusal, your license will be suspended for 1 year. A second or subsequent refusal can result in an 18-month suspension and is classified as a misdemeanor.

Reference: Fla. Stat. § 316.1932(1)(a)1.a

 

Can I drive after a DUI arrest in Florida?

After a DUI arrest, your license can be suspended immediately, but you may be given a 10-day permit allowing you to drive for business purposes only. Once this period expires, you must challenge the suspension administratively or face the suspension period for the offense. You might be eligible for a hardship license during the suspension, but specific eligibility criteria apply.

Reference: Fla. Stat. § 322.2615

 

How does a DUI affect my insurance rates in Florida?

A DUI conviction in Florida will typically result in higher auto insurance rates. You will likely need to obtain FR-44 insurance, which is required after a DUI and provides proof of increased liability coverage.

 

How long does a DUI stay on my record in Florida?

A DUI conviction will remain on your driving record for 75 years, essentially making it permanent with respect to your driving history.

Reference: Florida DHSMV

 

Can I get a DUI expunged from my record in Florida?

DUI convictions cannot be expunged from your record in Florida. However, if your DUI charge was dismissed or you were found not guilty, you may be eligible to have the charge expunged from your record.

 

What is the difference between DUI and DWI in Florida?

Florida uses the term DUI (Driving Under the Influence), and it does not have a separate offense for DWI (Driving While Intoxicated). Some other states use DWI as a separate or a more severe offense than DUI.

 

Is a DUI a felony in Florida?

A DUI can be a felony in Florida if it is the third conviction within 10 years of a prior conviction, or if it is a fourth or subsequent conviction. A DUI that causes serious bodily injury to another is also a felony, as is a DUI manslaughter charge.

Reference: Fla. Stat. § 316.193(2)-(3)

 

These FAQs provide a basic understanding of Florida DUI laws and should not be taken as legal advice. Laws are subject to change, and it's important for those facing DUI charges to consult with one of our Florida DUI lawyers for legal advice specific to your case.

Charged with a DUI in Florida? 

Protect your rights and your future with Musca Law, P.A. We expertly navigate the intricate waters of driver's license administrative hearings, assist in securing temporary driving privileges, and rigorously defend your case in a DUI trial. Our commitment to you is unwavering, reflected in our 24/7/365 free consultation service. Reach out at 1-888-484-5057 anytime, day or night. With 30 strategic office locations from the Panhandle to Key West, spanning both Gulf and Atlantic coasts, including Central Orlando, we're always within reach, ready to champion your cause. Choose Musca Law, P.A.—Where Florida turns for DUI defense.