Florida DUI Laws (2024 Guide) (2024)

Deputy Legal Editor

Updated: Aug 28, 2023, 3:11pm

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Florida uses the term Driving Under the Influence (DUI) rather than DWI. The state defines driving, for the purposes of DUI, as “driving or in actual physical control of a vehicle.” The phrase “actual physical control” is used in many states, and it generally means that you were in a position to easily drive the vehicle.

For example, someone sitting in the driver’s seat with the keys in the ignition would probably be considered in “actual physical control” of the car, while someone laying down in the back seat would not be.

Also, as in many other states, being “under the influence” is defined in two separate ways in Florida.

Legally Under the Influence in Florida

Being legally under the influence, or “per se” under the influence, means that you meet the statutory requirements of being impaired even if you seem perfectly sober. Florida law says that anyone with a blood alcohol concentration (BAC) of 0.08 grams per 100 mL of blood is under the influence. Along the same lines, anyone with a breath-alcohol level of 0.08 grams of alcohol per 210 liters of breath is under the influence. Either of these is referred to as a BAC of .08.

Impaired Faculties in Florida

A person in Florida is under the influence of alcohol or any chemical substance set forth under Florida law “when affected to the extent that the person’s normal faculties are impaired.” This relatively subjective standard allows Florida to charge drivers who seem impaired even if they aren’t approaching the levels described above.

The law does require that the person be under the influence of an alcoholic beverage or other controlled substance, however, so the prosecutor must at least show some drug or alcohol use.

Interestingly, Florida’s list of controlled substances is extensive and includes acetone and nitrous oxide.

As in most states, the penalties for a DUI in Florida escalate as you get more and more convictions. Florida also modifies the punishments for all DUIs if you had a BAC over 0.15 or if there was a minor in the car.

First DUI Conviction in Florida

Your first conviction for a DUI in the state will result in a fine between $500 and $1,000 and up to six months imprisonment. If your BAC is over 0.15 or if there was a minor in your vehicle, the fine will be between $1,000 and $2,000 and you face up to nine months imprisonment.

Second DUI Conviction

The penalties for a second DUI conviction in Florida—regardless of how long ago the first conviction was—are the same as the punishments for a first DUI with aggravating factors. Aside from facing a fine of $1,000-$2,000 and up to nine months imprisonment, a second DUI also requires an interlock ignition device on all vehicles owned in part by the offender for at least one year.

These devices cost hundreds of dollars per year to install and monitor and require that the driver blow into a breath testing device to confirm they haven’t had any alcohol before they can start their vehicle.

If the aggravating factors—a BAC over 0.15 or the presence of a minor—exist for a second DUI conviction, the fines increase to $2,000-$4,000 and up to 12 months imprisonment.

Third and Fourth DUI Convictions

Convictions for your third DUI is considered a felony if it’s been less than 10 years since the second conviction. A fourth DUI conviction is a felony regardless of how much time has passed.

In addition to the above penalties, anyone convicted of a DUI is required to complete a minimum of 12 months probation and 50 hours of community service (and pay a fee for community service).

They must also complete a substance abuse course which includes an evaluation. If the program refers the person to a treatment program, they are required to complete it as a condition of their probation. Failure to complete treatment results in revocation of the driver’s license. Costs of the substance abuse program and treatment are the responsibility of the defendant.

In addition to substance abuse classes, most DUI defendants are required to attend DUI class before their license can be reinstated.

Not only can a DUI in Florida result in losing your driving privileges, going to jail and paying a hefty fine; there are other penalties that the state can impose. For example, all vehicles involved in a DUI will be impounded, with the length of time based on how many convictions you’ve had.

• For your first conviction, your car will be impounded for 10 days
• For your second conviction within five years, your car will be impounded for 30 days
• For your third conviction within 10 years, your car will be impounded for 90 days

A DUI resulting in property damage or non-serious personal injury is punishable by up to a $1,000 fine and up to one year in jail.

A DUI causing serious injury is punishable by up to a $5,000 fine and up to five years in prison.

DUI manslaughter or vehicular homicide are both second-degree felonies punishable by up to a $10,000 fine, up between four and 15 years in prison and up to 15 years probation. If the driver knew or should have known about the crash but didn’t help or inform authorities of the crash, they can be imprisoned for up to 30 years.

License Suspension in Florida

One of the major non-criminal punishments for DUI in Florida is the loss of driving privileges. As with all other DUI-related penalties, the severity of the punishment increases with repeat offenses.

In order to beat a DUI you’ll need to prevent the prosecutor from proving the case. This means you or your attorney will have to convince at least some members of a jury that you either weren’t driving or weren’t intoxicated or under the influence of drugs. Alternatively, you might be able to get some evidence thrown out which would make it impossible for the prosecutor to prove their case.

Every defense, however, is going to depend on the facts and circ*mstances surrounding the case. You can learn more about potential defenses to DUI, but you should consult an attorney to figure out the best strategy for you.