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In Florida, driving under the influence is a serious crime with some of the toughest penalties in the nation. In this article, we explain what is considered DUI under Florida State law and what are the consequences of a conviction.

What Is the Difference Between a DUI and a DWI in Florida?

DUI and DWI are the two terms used to refer to driving while your faculties are impaired due to having either alcohol, illegal drugs, or prescription drugs in your system. DUI stands for “driving under the influence,” whereas DWI is short for “driving while intoxicated.”

Each state employs these terms differently. In Florida, DUI is the standard way of referring to driving under the influence of a substance. DWI is not legally used, although in informal conversations, DUI and DWI are often used interchangeably.

In Florida, you can get a DUI for: 

• Driving under the influence, or 
• Having a blood alcohol concentration (BAC) of 0.08 or higher.

Impairment testing methods

To determine your blood-alcohol level, a police officer may administer a breathalyzer test. If your alcohol concentration proves to be above the legal limit of 0.08, you’ll be placed under arrest. In this case, you’re guilty of a “per se” DUI and proof of impairment is not required.

Police officers may also use field sobriety tests to observe a driver’s behavior and physical characteristics like bloodshot eyes, dilated pupils, the smell of alcohol, and slurred speech. In addition, they may look for any suspicious driving patterns such as weaving from lane to lane, hesitating to pass through a green light, speeding, or driving very slowly. 

The penalties are the same regardless of the way in which the offense is proven.

Florida implied consent law

Florida law requires drivers who are arrested for a DUI to consent to a test that will determine the presence and amount of alcohol or drugs in their blood. Drivers who refuse testing risk a one-year revocation of their driver’s license. Drivers with a prior refusal violation can be charged with a misdemeanor and required to pay a fine of up to $1,000 and/or spend up to one year in jail.

What BAC Is Considered DUI?

In Florida, you will face DUI charges if your blood-alcohol concentration (BAC) is above the federal limit of 0.08. The fact that you have 0.08 percent or more alcohol in your blood is considered sufficient evidence that you are under the influence of alcohol to the extent that your normal faculties are impaired. 

However, you may also face charges for failing a sobriety test even if your BAC level is below the legal limit.

If your blood-alcohol level exceeds 0.15 or if the DUI involves a minor, you may be charged with aggravated DUI and face harsher penalties.

What Are the DUI Penalties in Florida?

Possible DUI penalties set by Florida Motor Vehicles Law Section 316.193 include:

• Hefty fines
• Jail time
• Probation
• Community service
• DUI school
• Enrollment in an alcohol abuse program
• Driver’s license revocation
• Installation of an ignition interlock device
• Increased insurance premiums
• Permanent criminal record if found guilty.

The degree of punishment depends on a range of factors, such as: 

• Your blood alcohol level at the time of the arrest
• The circumstances of the accident
• Whether the DUI involved a collision with injuries or fatalities
• The number of prior DUI convictions and other offenses
• Whether you had an open container in the vehicle
• Whether there was a minor in the vehicle.

First time conviction

If this is your first DUI conviction, you risk the following penalties:

• A fine between $500 and $1,000.
• Imprisonment of up to 6 months. Sentencing terms may be served at residential alcoholism or drug abuse treatment programs, credited toward the term of imprisonment.
• Probation of up to one year.
• A mandatory 50 hours of community service or an additional fine of $10 for each hour of required community service.
• Impoundment or immobilization of a vehicle for up to 10 days, unless this is your only means of transportation.
• Driver license revocation between 180 days and one year.
• Completing a DUI school before you can have your license reinstated. 

If your BAC was 0.15 or higher or if there was a minor in the vehicle, you will have to pay between $1,000 and $2,000 in fines and serve up to 9 months in jail.

Second time conviction

The second conviction that occurs within 5 years of the first one, entails the following consequences: 

• A fine between $1,000 and $2,000.
• Imprisonment of up to 9 months. If the second conviction was within 5 years of the first one, the mandatory imprisonment is at least 10 days.
• Impoundment or immobilization of a vehicle for up to 30 days, in addition to having an interlocking device on the ignition of your car for a year.
• Driver’s license revocation of minimum 5 years. After one year, you may be eligible for hardship reinstatement. For a second offense five or more years after the first conviction, the same license revocation period applies.
• Attending a DUI school course following the conviction. You won’t be able to have your driver’s license reinstated until you complete a DUI school.

If your BAC was 0.15 or higher or if there was a minor in the vehicle, you can expect to pay between $2,000 and $4,000 in fines and serve up to 12 months in jail.

Third time conviction

A third offense that occurs within 10 years of a prior one is considered a felony under Florida law and entails: 

• A fine between $2,000 and $5,000.
• Imprisonment of at least 30 days and up to 5 years. At least 48 hours of confinement must be consecutive. If a third conviction is more than 10 years of a prior conviction, imprisonment is up to 12 months.
• Impoundment or immobilization of a vehicle for up to 90 days. In addition, once out of prison, you will need to install an interlocking device on the ignition of your car and leave it there for 2 years.
• Driver’s license revocation for at least 10 years. After 2 years, you may be eligible for hardship reinstatement. If the third conviction occurred 10 or more years after the second one, the same revocation period applies.

Fourth and subsequent convictions

A fourth and subsequent DUI are considered a felony regardless of when the prior offenses occurred. They are punishable by:

• A fine of up to $2,000 and up to $4,000 if BAC was 0.15 or higher.
• Imprisonment of up to 5 years.
• Mandatory permanent driver’s license revocation. You may be eligible for hardship license reinstatement after 5 years from the date of release from jail.

Property damage or personal injury

Anyone who causes property damage or personal injury while driving under the influence is guilty of a first degree misdemeanor and risks a fine of up to $1,000 and/or imprisonment of up to one year.

A driver who causes serious bodily injury to another person while driving under the influence is guilty of committing a felony and risks a fine of up to $5,000 and/or 5 years imprisonment.

Manslaughter and vehicular homicide

DUIs that result in the death of another person are considered felony offenses punishable by: 

• A fine of up to $10,000.

• Imprisonment of up to 15 years. A driver convicted of DUI manslaughter who knew the accident occurred but failed to give information or render aid and a driver convicted of vehicular homicide who left the scene of a crash risk up to 30 years imprisonment.
• Impoundment or immobilization of a vehicle of up to 90 days. Once out of prison, the driver must install an interlocking device on the ignition of the car and leave it there for 2 years.
• Mandatory permanent driver’s license revocation. The driver may be eligible for hardship reinstatement after 5 years if there are no prior DUI convictions.

• Mandatory completion of DUI school before hardship reinstatement of the driver’s license.
• The judge may also order completing a substance abuse course, undergoing a psychosocial evaluation, and monthly reporting to a probation officer.

Underage DUI in Florida

Laws regarding minors driving under the influence are referred to as zero-tolerance laws because they often entail serious consequences. Drivers under the age of 21 with a blood-alcohol level of 0.02 or above are immediately arrested for DUI.

Underage DUI violations are not considered a criminal offense but will result in a six-month license suspension. If the BAC was 0.05 or more, the driver will also have to complete a substance abuse evaluation and DUI education program prior to license reinstatement.

Out of state drivers

Drivers from other states who drive under the influence in Florida can face tough penalties. Any past DUI or DWI that occurred in another state will count as a prior conviction when determining the DUI penalty under Florida law. Hire an attorney through AppWInIt to fight your case.