In Florida, driving under the influence (DUI) is defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or more, or while impaired by alcohol, harmful chemicals, or illegal substances. The state's tough DUI laws aim to reduce the high number of accidents and fatalities caused by alcohol-impaired driving, emphasizing public safety and the severe consequences for offenders.
The penalties for a Florida DUI vary based on the number of prior offenses and the circumstances of the current offense. A first DUI offense can lead to up to six months in jail (or nine months if aggravated), fines ranging from $500 to $1,000 (increasing if aggravated), and a license revocation of 180 days to one year. Additionally, offenders may face one year of probation, 50 hours of community service, and ten days of vehicle impoundment. Those eligible for a diversion program can avoid some of these consequences.
A second DUI conviction within five years carries harsher penalties: mandatory ten days in jail, a 30-day vehicle impoundment, and at least a five-year license revocation. The penalties escalate further for a third DUI within ten years, including a minimum of 30 days in jail, a 90-day vehicle impoundment, and a minimum ten-year driver's license revocation.
The law also imposes severe penalties for DUI incidents involving accidents. Property damage results in a first-degree misdemeanor, up to $1,000 in fines, and up to one year in jail. Serious injuries lead to third-degree felony charges, four to five years in prison, a $5,000 fine, and a minimum three-year driver's license revocation. In cases of death, the offender faces a second-degree felony, four to 15 years in prison, up to a $10,000 fine, and permanent driver's license revocation.
All DUI offenders are required to complete a term of monthly-reporting probation and enroll in a substance abuse course, with the possibility of additional sobriety and drug monitoring programs, including random testing. Failure to complete these programs can result in driver's license revocation.
While a DUI is generally a misdemeanor in Florida, certain circumstances, such as multiple prior DUI convictions or causing serious injury or death while under the influence, elevate the charge to a felony. Felony DUI convictions carry more severe penalties, including extended jail or prison time.
Florida's "implied consent" laws mandate that all drivers lawfully arrested for a DUI must submit to blood, urine, or breath tests. Refusing these tests results in at least a one-year driver's license revocation.
The strict DUI laws in Florida reflect the state's commitment to road safety and the high cost of driving under the influence. They serve as a strong deterrent, reminding drivers of the legal, financial, and personal consequences of such actions.
- Florida DUI and Administrative Suspension Laws - Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov)
- Florida DUI Laws (2023 Guide) – Forbes Advisor
- Florida's DUI Laws and Conviction Penalties | DuiDrivingLaws.org