Florida DUI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

A Florida DUI arrest under Florida Statute §316.193 triggers two parallel processes: a criminal case in county court, and an administrative suspension by FLHSMV. Both move quickly, both have separate timelines, and the driver has only 10 days from arrest to ask for a formal review hearing if they want to challenge the administrative side.

The legal threshold

Florida's DUI thresholds:

Adults 21+: 0.08% BAC.
Drivers under 21: 0.02% BAC under Florida's zero-tolerance law (separate administrative consequence, not a criminal DUI).
Commercial drivers (CDL): 0.04% BAC.
"Normal faculties" impairment: Florida also charges DUI on impairment evidence below 0.08% — the prosecution must prove the driver's normal faculties were impaired by alcohol, drugs, or controlled substances.

The 10-day hardship window

After a Florida DUI arrest where the BAC was 0.08% or higher (or the driver refused chemical testing), the officer typically takes the driver's Florida driver license on the spot and issues a 10-day temporary driving permit. The administrative suspension takes effect on day 11 unless the driver requests a Formal Review Hearing in writing within 10 days:

6-month suspension for a first BAC failure (0.08+).
1-year suspension for a first chemical-test refusal.
1-year suspension for a second BAC failure within 5 years.
18-month suspension for a second chemical-test refusal.

For a first DUI offense, drivers may apply immediately for a hardship license (Business Purposes Only) after enrolling in DUI school — they don't have to wait through the hard-suspension period. Refusal cases require a 90-day hard suspension before any hardship.

First-offense criminal penalties

A first DUI in Florida is a second-degree misdemeanor, carrying:

Up to 6 months in county jail (up to 9 months if BAC is 0.15+ or with a passenger under 18).
A fine of $500-$1,000 (up to $2,000 for high BAC or passenger under 18), plus court costs.
License revocation of 180 days to 1 year, separate from administrative suspension.
Mandatory completion of DUI school (Level I, 12 hours) before reinstatement.
50 hours of community service or buy-out at $10 per hour.
Probation up to 1 year.
Vehicle impoundment for 10 days (cannot overlap incarceration).
FR-44 financial responsibility filing for 3 years — see Florida insurance.

Ignition Interlock Devices (IID)

Florida requires an IID for at least 6 months on every first-offense DUI conviction where the BAC was 0.15% or higher, or where there was a passenger under 18 in the vehicle. Standard first-offense DUIs at lower BAC may receive IID at the judge's discretion. The IID is mandatory for at least 1 year on any second offense and at least 2 years on any third offense. The device costs about $70-$100 a month, paid by the driver, plus $100-$150 install fee.

Aggravating factors

Florida penalties escalate when:

BAC at or above 0.15% (high-BAC enhancement: longer jail, higher fines, mandatory IID).
A passenger under 18 was in the vehicle at the time of the offense.
An accident with property damage or non-serious injury (DUI-property damage is first-degree misdemeanor, up to 1 year jail).
An accident with serious bodily injury (DUI-SBI is third-degree felony, up to 5 years prison).
An accident involving death (DUI manslaughter is second-degree felony, up to 15 years prison).
Leaving the scene of a DUI accident (separate felony charge).

Repeat offenses

A second DUI within 5 years brings:

Mandatory minimum 10 days in jail (48 hours minimum consecutive).
Fine $1,000-$2,000.
5-year license revocation with 1-year hardship eligibility after IID.
Mandatory IID for at least 1 year.
Vehicle impoundment for 30 days.

A third DUI within 10 years is a third-degree felony — up to 5 years in prison, $5,000 fine, and 10-year license revocation. Florida's lookback for enhancement purposes is 10 years for many provisions; some provisions are lifetime (DUI manslaughter convictions, for example, never roll off the record).

Underage zero-tolerance

Drivers under 21 with a BAC of 0.02% or higher face an automatic 6-month license suspension on the first offense and 1-year on the second. These are administrative actions handled separately from any criminal DUI charge — see Florida teen license.