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DUI

Florida BAC Limits

BAC Limit = .08% or higher - In the State of Florida it is a crime for any driver to operate a motor vehicle with a Blood Alcohol Content of .08% or higher.

BAC Limit = .04% or higher - It is a crime for Commercial Vehicle Operators to drive with a BAC Level of .04% or higher.

BAC Limit = .02% or higher - It is a crime for persons under the legal drinking age to drive with a BAC Level above .02%.

It is an offense to refuse to submit to a chemical test in Florida and implied consent laws are enforced.


Penalties for DUI in the State of Florida

Florida is a state with a 10 Year “Washout Period” also known as a “Look-Back Period”.


First Drunk Driving Conviction - Misdemeanor

The penalty for a first DUI - drunk driving conviction in Florida:

  • Fine: $500 to $1,000 fine
  • Jail: up to 6 months in jail
  • License Revocation: 180 days to 1 year drivers license revocation
  • (restricted hardship employment/business drivers license may be available after completing DUI program)
  • Ignition Interlock: no requirement unless enhanced penalty (see below)
  • Probation: monthly reporting for a period not to exceed 1 year
  • mandatory 50 hours community service or pay $10 fine for every hour given if certain circumstances apply
  • mandatory attendance at DUI school/program
  • substance abuse education, evaluation and treatment as required
  • possible impoundment/immobilization of vehicle for a period of 10 days
  • Florida SR22 insurance requirement

NOTE: COMMERCIAL MOTOR VEHICLES- Persons convicted of driving a CMV (commercial motor vehicle) while under the influence will be disqualified from operating a commercial motor vehicle for 1 year, this will be in addition to the penalties above.

ENCHANCED PENALTIES: BAC 0.15 & Higher OR Minor Under 18 in vehicle

If convicted with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the punishments will be as follows:

  • Fine: $1,000 to $2,000
  • Jail: up to 9 months in jail
  • Ignition Interlock: not less than 6 months ignition interlock restriction upon license re-instatement

Second DUI Conviction - Misdemeanor

The penalty for a second DUI - drunk driving conviction in Florida:

  • Fine: $1,000 to $2,000 fine
  • Jail: up to 9 months in jail
  • License Revocation: 5 year drivers license revocation if within five years of first DUI (may be eligible for hardship reinstatement after 1 year) [if previous conviction more than 5 years ago same revocation period as for first offense]
  • Ignition Interlock: at least 1 year ignition interlock restriction upon license re-instatement
  • Probation: monthly reporting for a period not to exceed 1 year
  • mandatory attendance at DUI school/program
  • substance abuse education, evaluation and treatment as required
  • possible impoundment/immobilization of vehicle for a period of 30 days
  • Florida SR22 insurance requirement

NOTE: COMMERCIAL MOTOR VEHICLES- Persons convicted a second (or subsequent) time of driving a CMV (commercial motor vehicle) while under the influence will be disqualified from operating a commercial motor vehicle for life, this will be in addition to the penalties above.

ENCHANCED PENALTIES: BAC 0.15 & Higher OR Minor Under 18 in vehicle

If convicted with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the punishments will be as follows:

  • Fine: $2,000 to $4,000
  • Jail: up to 12 months in jail
  • Ignition Interlock: not less than 2 years ignition interlock restriction upon license re-instatement

Third DUI Conviction - 3rd Degree Felony

A third drunk driving conviction in Florida is a Felony if it occurs within 10 years of a prior conviction.

The penalty for a third DUI - drunk driving conviction in Florida:

  • Fine: $2,000 to $5,000 fine (not less than $4,000 fine if BAC above 0.15% or minor under 18 years old in vehicle)
  • Jail: 30 days to 12 months in jail (up to 5 years if previous DUI's within 10 years)
  • License Revocation: 10 years drivers license revocation if previous DUI's were within 10 years (may be eligible for hardship reinstatement after 2 years)
  • Ignition Interlock: at least 2 years ignition interlock restriction upon license re-instatement
  • Probation: monthly reporting for a period not to exceed 1 year
  • mandatory attendance at DUI school/program
  • substance abuse education, evaluation and treatment as required
  • possible impoundment/immobilization of vehicle for a period of 90 days
  • Florida SR22 insurance requirement

ENCHANCED PENALTIES: BAC 0.15 & Higher OR Minor Under 18 in vehicle

If convicted with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the punishments will be as follows:

    Fine: not less than $4,000

Fourth DUI Conviction - 3rd Degree Felony

A fourth drunk driving arrest in Florida is a Felony any time after the first 3 offenses.

The penalty for a fourth DUI - drunk driving conviction in Florida:

  • Fine: $2,000 to $5,000 (not less than $4,000 fine if BAC above 0.15% or minor under 18 years old in vehicle)
  • Jail: up to 5 years in jail
  • License Revocation: permanent revocation of drivers license (may request re-instatement after a period of 10 years)
  • mandatory attendance at DUI school/program
  • substance abuse education, evaluation and treatment as required
  • possible impoundment/immobilization of vehicle for a period of 90 days
  • Florida SR22 insurance requirement

ENCHANCED PENALTIES: BAC 0.15 & Higher OR Minor Under 18 in vehicle

If convicted with a BAC of 0.15 or above or while a minor under the age of 18 was in the vehicle the punishments will be as follows:

  • Fine: not less than $4,000
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