Florida DUI Laws – 1st Offense
First offense results in a driver’s license suspension for 180 days to 1 year, fines from $250-$1,000 (or $500-$1000 with BAL over .20% or passenger under 18 in car), jail term of up to 6 months (or 9 months with BAL over .20% or passenger under 17 in car), and DUI school. If the family has access to another vehicle, the offenders vehicle will be impounded or immobilized for 10 days. If BAC test was refused, license suspension is increased to 1 year. Refusal is admissible in court. A second or subsequent refusal is considered a first-degree misdemeanor.
Florida DUI Laws – 2nd Offense
Second offense within 5 years of first results in a driver’s license revocation for 5 years, with possible hardship reinstatement after 1 year. Fines range from $500-$1,000 (or $1000-$2000 with BAL over .20% or passenger under 18 in car), jail term of up to 9 months with mandatory 10 days served in jail (or 12 months with BAL over .20% or passenger under 18 in car). DUI school must be completed upon release. If the family has access to another vehicle, the offenders vehicle will be impounded or immobilized for 30 days. If the second offense was after five years, suspension is for 180 days to one year, and mandatory 10 day jail service is not required.
Florida DUI Laws – 3rd Offense
Third offense within 10 years of first offense is considered a Third-Degree Felony and results in a driver’s license revocation for minimum 10 years, with possible hardship reinstatement after 2 years. Fines range up to $5000 (or minimum $2000 with BAL over .20% or passenger under 18 in car), mandatory jail term of minimum 30 days. DUI school must be completed upon release. If the family has access to another vehicle, the offenders vehicle will be impounded or immobilized for 90 days. If the third offense was after 10 years, offense is not considered a felony and license suspension is for 180 days to one year, and imprisonment may not exceed 1 year. If offender has 1 conviction more than 10 years before and 1 within five years, offense is not felonious and license revocation is for 5 years with possible hardship reinstatement after 1 year.
Florida DUI Laws – 4th Offense
Fourth offense is considered a Third-Degree Felony and results in a mandatory permanent driver’s license revocation. Fines are $1000-$5000 (or minimum $2000 with BAL over .20% or passenger under 18 in car), mandatory jail term of maximum five years.
Florida DUI Laws – Implied Consent Laws
Anyone driving a vehicle in Florida has given implied consent to submit to a BAC test.
Florida DUI Laws – “Per se” BAC Level
The per se BAC level in Florida is .08% meaning anyone driving a vehicle with a BAC of .o8% or over can be charged with dui regardless of driving performance.
Florida DUI Laws – “Zero Tolerance” BAC Level
The zero tolerance BAC level in Florida is .o2%. Anyone under the age of 21 driving with a BAC of .02% or greater can be charged with DUI. First offense results in a 6 month license suspension. Second offense results in a 1 year license suspension. First BAC refusal results in a 1 year suspension. Second BAC refusal results in an 18 month suspension.
Florida DUI Laws – “Enhanced Penalty” BAC Level
There are enhanced penalties in Florida at a BAC of .20% or greater that increase fines and jail time.
