• Drivers under the age of 21 operating a motor vehicle with blood alcohol content (“BAC) of 0.02 or higher;
• Drivers of any age operating a motor vehicle with BAC of 0.08 or higher; and
• Drivers operating a commercial vehicle with BAC of 0.04 or higher.

Penalties for a DUI conviction in Florida include, but are not limited to, the following:

First DUI Conviction

• For a first DUI conviction in Florida, offenders will face jail time depending on their BAC at the time of the arrest:  6 months maximum for BAC 0.08 to less than 0.15 and 9 months maximum for BAC above 0.15.  In addition, first-time offenders will also face monetary fines in an amount also determined by the BAC at the time of the arrest:  $500 to $1,000 if BAC 0.08 to less than 0.15 and $1,000 to $2,000 if BAC above 0.15.  The vehicle of the first-time offenders will be impounded for 10 days and the offenders may also be required to install an Ignition Interlock Device for up to 6 months if BAC above 0.15.  The offenders will be required to complete 50 hours of community service and will also be ordered to attend an alcohol treatment program at the driver’s own expense.

Second DUI Conviction

• For a second DUI conviction in Florida, offenders will face jail time depending on their BAC at the time of the arrest: 9 months if BAC from 0.08% to less than 0.15; 12 months if BAC above 0.15 or there were minors present in the car. In addition, those who have received a previous DUI within 5 years in the past are required to serve mandatory 10 days in jail. Second-time offenders will also fact fines in an amount depending on the level of their BAC: $1,000 to $2,000 if BAC between 0.08 to less than 0.15 or $2,000 to $4,000 if BAC above 0.15 or if there was a minor present in the car. Second-time offenders will also face suspension of thier license for 5 years. In addition, second time DUI offenders will be required to install an Ignition Interlock Device for 1 year if BAC between 0.08 to less than 0.15 or two years if BAC above 0.15. Finally, the vehicle of those who have had a DUI in the past 5 years will be impounded for 30 days.

Third DUI Conviction

• A third DUI conviction in Florida constitues a felony and the offenders may face jail time up to 12 months. In addition, there is mandatory 30-day jail time for third time offenders. Third time DUI offenders will also face fines in an amount determined by their BAC level: $2,000 to $5,000 if BAC between 0.08 to less then 0.15 and $4,000 minimum if BAC above 0.15 or if there was a minor present in the vehicle. License of those convicted of a third DUI will be suspended for 10 years; however, the license can be reinstated after 2 years if driver is eligible for hardship. Third time offenders will be required to install Ignition Interlock Device for 2 years and their vehicle will be impounded for 90 days.

Fourth DUI Conviction

• A fourth DUI conviction is a serious offense in the State of Florida. For instance, those convicted of a fourth DUI will lose their license indefinitely and there is NO possibility of hardship reinstatement. In addition, the fourth-time offenders in Florida will face jail time up to 5 years and minimum of $2,000 in fines.

Florida DUI Laws Summary

In Florida, anyone with a blood alcohol level of .08%, or greater, is considered to be DUI. State law permits offenders to be imposed with a fine ranging from $250.00 to $5,000.00 and/or incarceration for up to five years. A first offender, however, will typically face a fine ranging from $250.00 to $1,000.00 and a minimum of 50 hours of community service. In some situations, the court may grant probation. This would allow for the offender’s jail time to be suspended in exchange for time served in a treatment program.

An offender has 10 days in which to request a hearing in order to prevent his/her driver’s license from being automatically suspended. In most instances, the offender’s automobile will be impounded. In a situation where an offender’s blood alcohol content was .20% of higher, his/her automobile may be required to feature an ignition interlock device. This unit prevents anyone from operating the vehicle if there is any alcohol in their system.

First time offenders can expect to receive a license suspension ranging from 180 days to one year. Future offenses will feature harsher penalties, including a second offense which carries a minimum license suspension of five years. Anyone refusing to submit to a blood alcohol content test, on the other hand, may face additional suspension and/or penalties.

Florida offenders may be required to undergo some type of alcohol evaluation and/or treatment program if the court deems it necessary. In some cases, a hardship license may be issued if the court feels the driver is not a threat to the general public. This type of temporary license will allow the offender to drive to and from certain places, including work, school, medical appointments and/or treatment programs.

Individuals who are involved in a DUI, which causes personal injury or death, may face felony charges and much harsher penalties.

Upon conviction or an admission of guilt, DUI offenders are commonly faced with problems relating to their insurance company. Immediately being labeled as “high risk” drivers, offenders are often dropped by their insurance company altogether or, at the very least, are required to pay much higher rates than before. In the event that the offender is forced to look for a new insurance provider, he/she may have a difficult time finding a new company who offers high risk policies but, if they do, the rates will likely be extremely high for the amount of coverage granted.