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Home » Consumer Information » Automobile Safety » Driver Impairment

Florida DUI Laws

Everyone knows the seriousness of drinking and driving, and the State of Florida does not sympathize with those who violate DUI laws. Its government is striving to cut back on injuries and death resulting from an alcohol-related Florida auto accident. As can be expected, the greater number of DUI offenses, the worse the punishment you will endure.

Driving under the influence (DUI) is defined as operating an automobile while intoxicated with a blood-alcohol level (BAC) of .08 or above. You can also receive a DUI if you are impaired with a chemical or controlled substance. A DUI will not be deleted from your driving record for 75 years. For most people, this means it will last a lifetime.

First offense

Your first DUI conviction could result in more than just a fine, especially if you have a previous criminal record. You have the potential to receive:

  • A fine of $250 to $500. If your BAC was at least .20, or there was a minor in the car, the fine will be doubled to between $500 and $1,000.
  • 50 hours of community service or a fine equivalent to $10 per hour of service.
  • Up to a year probation.
  • A minimum of eight hours jail time or a maximum of six months. A BAC of at least .20 may constitute nine months in prison.
  • No less than two years behind bars for injuring or killing someone.
  • Ten days of vehicle impoundment (begins when you get out of jail).
  • Six months of driver's license revocation.

Second offense

  • Fine of $500 to $1,000. If your BAC was at least .20, or there was a minor in the car, the fine will be doubled to between $1,000 and $2,000.
  • A maximum jail sentence of nine months. If your BAC was at least .20, or there was a minor in the car, you will receive up to a year in prison. If you've had a prior conviction within the last five years, you must serve ten days in jail.
  • 30 days of vehicle impoundment if it's your second conviction in five years.
  • At least six months of driver's license revocation. If you've had a prior conviction within the last five years, you will lose your license for five years. However, you will have the opportunity to apply for a "hardship license" after just one.

Third offense

  • A fine of at least $1,000. A third conviction in the last decade will warrant between a $2,000 and $5,000 fine.
  • Guaranteed sentencing of 30 days for a third conviction in ten years. If it's been more than ten years, you will receive no more than a year in jail.
  • Vehicle impoundment for three months after a third conviction within ten years.
  • At least five years of driver's license revocation. For a third conviction over the span of a decade, your license will be revoked for at least the next ten years.

Fourth offense (or more)

  • A fine of at least $1,000 and no less than $2,000 for BAC of .20 or greater. There is no cap on this fine.
  • A maximum sentence of five years in jail.
  • Permanent driver's license revocation, and you are ineligible to obtain a hardship license.

Underage drivers

Drivers who are not yet of legal drinking age and are pulled over with a BAC of at least .02 may be handed a six-month license suspension. The average person will be beyond .02 BAC after just one drink.

Compounding problems

The punishments may seem strict, but there really is no other way to teach someone a lesson that is ignorant enough to drink alcohol and subsequently get behind the wheel and drive. In the event you end up injuring or killing another driver, passenger, or pedestrian while driving in an inebriated state, all of the penalties listed for the various convictions will seem like a gift.

DUI misdemeanor

If you destroy property or insure someone while you are driving intoxicated, you will face a first degree misdemeanor charge. This could mean as much as a $1,000 fine and a year in jail.

DUI felony

Three DUIs in a ten-year period or four over the course of a lifetime is a third degree felony. You can also be charged with a felony if you are liable for another person's bodily harm even if it's your first offense. You may receive up to a $5,000 fine and five years behind bars for committing this crime.

DUI manslaughter

If you get into an accident with alcohol in your system and kill another person, it is a second degree felony. Punishment includes a maximum of $10,000 fine and 15 years in prison. If you are involved in a fatal hit-and-run and flee the scene, this is a first degree felony. If convicted you may be fined as much as $10,000 and be sentenced to 30 years in prison.

License reinstatement

Even if you are fortunate enough to avoid injuring someone or serving jail time, getting your license suspended or revoked can impact your life in a major way. Imagine if you can no longer drive to your job and have to rely on a friend or public transportation for an indefinite amount of time.

Sometimes, it may be an option to have your suspended license reinstated for reasons of hardship. This restricts your driving to and from work. In order to be eligible for this, you are required to complete a DUI educational program and potentially have an ignition interlock device installed in your vehicle for a minimum of six months and possibly more than two years. Before the car will start, the driver must blow into this device to test their BAC. If the BAC is above .05, the car will not turn on. This piece of equipment is also capable of conducting tests while the car is in motion in which the driver must blow into it as they drive to confirm that the BAC remains below the limit.

Even if you elect not to fill out an application for hardship license reinstatement, you will still be mandated to attend the DUI class and may be asked to use the ignition interlock device for an assigned length of time.