DUI Offenders  DUI Consequences  DUI Laws

Florida DUI Laws


Florida DUI Laws impose strict rules when it comes to DUI offenses. It is best not to drink and then drive; however, there are some instances when this cannot be avoided. There are two ways in which you can be arrested of a DUI. Either of these ways will qualify:

(1) if you are intoxicated with alcohol or drugs and your driving abilities are affected;

(2) if you have exceed the blood alcohol level of 0.08% or more as mandated by the state’s per se law. For the first instance your BAL won’t matter as long as it has been proven that your driving skills are impaired. For the latter law, even if the movements of the driver are not impaired, as long as the BAL test registers the standard alcohol content, then you can be arrested.

As stated in the implied consent law, once you are driving in the streets of the state, you are hereby subject to undergo a breath or urine test if arrested for driving under influence. Should you refuse to undergo the said test, this can be used against you in a criminal court proceeding. This will be grounds for the suspension of your driver’s license for 12 months. In circumstances that involve injury and death, your blood will be forcibly taken.

During a DUI arrest, two separate cases will result: a criminal court case and a Florida Department of Highway Safety and Motor Vehicles case. A criminal court case will try and impose the appropriate fines and jail times of your conviction. An administrative case, on the other hand, will determine the suspension of your driver’s license. You are given a 10-day permit to drive after your arrest. During this period, you have to contact a DUI defense lawyer to help you prepare a request for hearing.

If convicted of DUI, the following are the penalties and fines:

1. First DUI conviction – jail time of up to 6 months, fines from $500 to $1,000, and community service of 50 hours;
2. Second DUI conviction – jail time of up to 9 months and fines from $1,000 to $2,000.
3. Third DUI conviction – jail time of up to 12 months and fines from $2,000 to $5,000. If the third conviction was within 10 years of the washout period then this can now be considered a third degree felony.

Apart from these penalties and fines, you will also have to undergo a comprehensive DUI school prior to the approval of your hardship reinstatement. If you have been convicted of first time DUI, the court may substitute community service for the jail time. All driving under influence offense will result to a vehicle impound. The period of vehicle impound depends on the frequency of DUI offense you are convicted. Florida DUI laws will suspend your driver’s license too.