Florida DUI Laws

Driving under the influence (DUI) in Florida is a serious offense that comes with serious penalties. According to Florida Statutes § 316.193(1), a person can be charged with DUI if they are driving or in control of a vehicle in the state while under the influence of any of the following to the extent their normal faculties are impaired:

• any alcoholic beverage;
• any controlled substance;
• any chemical substance listed in Chapter 877.111; or
• a combination of any of the above.

Alternatively, a person can be charged with DUI, regardless of impairment, if their blood-alcohol level is 0.08 or higher or if their breath-alcohol level is 0.08 or higher, regardless of their level of impairment (sometimes called the “pre se” or “DUBAL” version of DUI).

Depending on how the DUI offense is charged, the number and timing of prior convictions, and the existence of certain aggravating factors, the minimum and maximum penalties the court must impose at sentencing escalate, including:

• the period of probation or incarceration;
• the fines;
• the length of time required for the revocation of driving privileges;
• the length of time required for the immobilization of the vehicle; and
• the length of time required for the ignition interlock device to be installed.

Attorneys for DUI Laws in Florida

If you were arrested for Driving Under the Influence in Florida, contact an experienced criminal defense attorney. During the consultation, we can discuss the charges pending against you, the potential penalties, and the best defenses.

Whether this is your first arrest or you have a prior conviction, we can help. We understand problems with field sobriety exercise and chemical testing of the breath, blood, or urine.

Sammis Law Firm has offices in downtown Tampa, Clearwater, and New Port Richey, FL.

Call 813-250-0500.

Increased Penalties for Repeat Violations of DUI

Repeat violations of the DUI statute correspond with increased statutory maximum terms of imprisonment, increased fines, and enhanced sanctions, including:

• First DUI Conviction:
  • A fine of not less than $500 or more than $1,000.
    • If blood/breath alcohol level (BAL) was .15 or higher, or if there was a minor in the vehicle, not less than $1,000 or more than $2,000.
  • Imprisonment for not more than six months.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than nine months.
  •  Unless the family of the defendant has no other transportation, for a first conviction, the impoundment or immobilization is for ten (10) days;
• Second conviction outside five years:
  • A fine of not less than $1,000 or more than $2,000.
  • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $2,000 or more than $4,000.
  • Imprisonment for not more than nine months.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than 12 months.
  • Unless the family of the defendant has no other transportation, for a second conviction, the impoundment or immobilization is for thirty (30) days;
• A second conviction within five years:
  • If the second conviction was within five years of a prior conviction, mandatory imprisonment of at least ten (10) days. At least 48 hours of confinement must be consecutive.
• Third conviction (more than ten (10) years from the second conviction):
  • A fine of not less than $2,000 or more than $5,000.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.
  • If the third conviction is more than ten (10) years of a prior conviction, imprisonment for not more than 12 months.
  • Unless the family of the defendant has no other transportation, for a third conviction, the impoundment or immobilization is for thirty (90) days;
• Third conviction (within ten (10) years from the second conviction):
  • A fine of not less than $2,000 or more than $5,000.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.
  • If the third conviction is within ten (10) years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive.
• Fourth or subsequent conviction: 
  • A fine of not less than $2,000.
    • If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.
  • Imprisonment for not more than five years, or as provided in section 775.084, Florida Statutes, if habitual/violent offender.

Read more about our DUI defense attorneys in Tampa, FL.

Penalties for Aggravating Factors Present During the DUI

In Florida, DUI penalties increase for other aggravating circumstances, such as a person’s blood-alcohol or breath-alcohol level of 0.15 or higher or a minor present in the vehicle. Subsections (2), (3), and (4) delineate various penalties for certain aggravating conduct.

Other provisions increase fines and imprisonment terms based on certain factors present during the DUI episode. For example, § 316.193(4) provides for increased fines and terms of imprisonment if the person, while driving under the influence, had a blood-alcohol level (BAC) or breath-alcohol level (BrAC) of 0.15 or higher or was accompanied by a minor.

Section 316.193(3)(c) contains several provisions detailing certain aggravating conduct with corresponding increases in punishment as the harm caused by the DUI driver increases:

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083;
2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
3. The death of any human being or unborn child commits DUI manslaughter and commits:
   • A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   • A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
     • At the time of the crash, the person knew, or should have known, that the crash occurred; and
     • The person failed to give information and render aid as required by s. 316.062.

Additional Resources

Florida’s DUI Laws – Visit the website of the National College of DUI Defense to find a summary of Florida’s Driving under the Influence statutes and information on the prohibited vehicular activity, the vehicles or devices covered, the covered locations, the types of under the influence offenses, other criminal offenses involving driving under the influence, the degree of impairment required, the statutory penalties, drunk driving presumptions, implied consent laws, admissibility of refusal, chemical test laws, blood drawing statutes, independent test statute; periods of suspension or revocation, and administrative hearings.

Florida Law for DUI and the Administrative Suspension – Visit the website of the Department of Highway Safety and Motor Vehicles (DHSMV) to find a summary of the DUI fine schedule, the length of imprisonment, requirements for impoundment or immobilization of the vehicle, driver license revocation periods, rules for commercial motor vehicle (CMV) alcohol-related convictions/disqualifications, review hearings for administrative suspensions and disqualifications, business or employment reinstatement, and chemical or physical test provisions under Florida’s implied consent laws.

This article was last updated on Friday, July 26, 2024.