Florida DUI Laws: Understanding Your Rights and Penalties

An overview of Florida's DUI statutes and defense strategies

Florida Statute 316.193 - Driving Under the Influence

Florida Statute 316.193 is the cornerstone of DUI law in Florida. This statute defines the offense of driving under the influence and establishes the legal framework for prosecution and penalties.

Legal Definition of DUI in Florida

Under Florida law, you can be charged with DUI if you are driving or in actual physical control of a vehicle and:

  • Blood Alcohol Concentration (BAC) of 0.08% or higher - This is the "per se" limit for adults
  • BAC of 0.04% or higher for commercial drivers - Lower threshold for CDL holders
  • BAC of 0.02% or higher for drivers under 21 - Zero tolerance policy for minors
  • Impairment by alcohol, chemical substances, or controlled substances - Regardless of BAC level

Florida DUI Penalties by Offense Level

First DUI Conviction (Florida Statute 316.193(2)(a))

  • Fines: $500 - $1,000 (or $1,000 - $2,000 if BAC 0.15+ or minor in vehicle)
  • Imprisonment: Up to 6 months (or up to 9 months if BAC 0.15+ or minor in vehicle)
  • License Suspension: 180 days to 1 year
  • Ignition Interlock: 6 months if BAC 0.15+ or minor in vehicle
  • Community Service: 50 hours (or 10 days additional jail time)
  • Vehicle Impoundment: 10 days

Second DUI Conviction (Florida Statute 316.193(2)(b))

  • Fines: $1,000 - $2,000 (or $2,000 - $4,000 if BAC 0.15+ or minor in vehicle)
  • Imprisonment: Up to 9 months (or up to 12 months if BAC 0.15+ or minor in vehicle)
  • License Suspension: Minimum 5 years (eligible for hardship after 1 year if more than 5 years from first conviction)
  • Ignition Interlock: Minimum 1 year
  • Vehicle Impoundment: 30 days
  • Mandatory 10 days jail if within 5 years of prior conviction

Third DUI Conviction

  • Felony charge if within 10 years of prior conviction
  • Fines: $2,000 - $5,000 minimum
  • Imprisonment: Up to 5 years
  • License Suspension: Minimum 10 years (may be permanent)
  • Mandatory 30 days jail if within 10 years of prior conviction

Florida's Implied Consent Law (Florida Statute 316.1932)

Florida's implied consent law is crucial for DUI defense. By driving in Florida, you implicitly consent to submit to breath, blood, or urine testing if lawfully arrested for DUI. However, refusal to submit to testing carries separate penalties:

  • First Refusal: 1-year license suspension
  • Second Refusal: 18-month license suspension and first-degree misdemeanor charge
  • Refusal can be used as evidence of consciousness of guilt in court

Administrative License Suspension (Florida Statute 322.2615)

Florida operates under a dual-track system where your license can be suspended administratively (immediately) and again if convicted in criminal court:

  • BAC 0.08+ or Refusal: Immediate suspension
  • 10-day temporary permit issued at arrest
  • Formal Review Hearing available within 10 days
  • Hardship license may be available after waiting periods

Need Immediate Help?

Time is critical in DUI cases!

  • You have only 10 days to request a formal review hearing
  • Evidence may be destroyed or lost
  • Witness memories fade over time

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Common DUI Defenses

  • Lack of Probable Cause - Illegal traffic stop
  • Breath Test Issues - Calibration problems, operator error
  • Field Sobriety Test Problems - Improper administration
  • Medical Conditions - Diabetes, GERD, dental work
  • Rising Blood Alcohol - BAC increasing after driving
  • Chain of Custody - Blood test handling errors

Additional Resources

Field Sobriety Tests Under Florida Law

Field sobriety tests are governed by NHTSA (National Highway Traffic Safety Administration) standards, but Florida courts have specific requirements for their admissibility:

Horizontal Gaze Nystagmus (HGN)
  • Most reliable standardized test
  • Requires specific medical/scientific foundation
  • Officer must be properly trained
  • Medical conditions can affect results
Walk-and-Turn Test
  • Divided attention test
  • Surface conditions matter
  • Footwear can affect performance
  • Age and physical condition relevant
One-Leg Stand
  • Balance and coordination test
  • Inner ear problems affect results
  • Weather conditions important
  • Not reliable for elderly individuals

Florida Breath Testing Requirements

Florida Administrative Code 11D-8 governs breath testing procedures. Common legal challenges include:

Machine Requirements
  • 20-minute observation period required
  • Calibration checks must be current
  • Maintenance records must be available
  • Operator must be properly certified
Common Technical Defenses
  • Radio Frequency Interference (RFI)
  • Residual mouth alcohol
  • Machine malfunction or error codes
  • Improper sample collection

Facing DUI Charges? Don't Navigate Florida's Complex Laws Alone

Florida DUI laws are complex and penalties are severe. You need an experienced attorney who understands both the law and the science behind DUI cases.

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