Florida DUI Laws

Driving under the influence (DUI) in Florida is a serious offense with severe 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 alcoholic beverages, any controlled substance, or any chemical substance listed in Chapter 877.111. If these substances impair the person’s normal faculties, they can be charged with DUI.

Alternatively, a person can be charged with DUI if their blood-alcohol level is 0.08 or higher or if their breath-alcohol level is 0.08 or higher.

The penalties depend on the way the DUI offense is charged and the existence of certain aggravating conduct. Those graduated imprisonment sentences depend on how the DUI is charged and vary from six months, nine months, one year, five years, fifteen years, or thirty years.

Depending on how the crime is charged, the fines can increase from $500-$1000, $1000-$2000, $2000-$4000, $4000 or more. Other escalating penalties including restriction, suspension or revocation of driving privileges.

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.

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

Call 813-250-0500.


Aggravated Forms of DUI in Florida

If a person is found guilty of DUI, they can face varying penalties under Florida Statutes § 316.193(2), (3), and (4).

Repeat violations and other aggravating circumstances can cause increased penalties, a higher statutory maximum period of incarceration, higher fines, restrictions on driving privileges, and enhanced sanctions for an ignition interlock device or vehicle impoundment.


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:

    • 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.

Penalties for Aggravating Factors Present During the DUI

In Florida, DUI penalties increase for other aggravating circumstances, such as if the person’s blood-alcohol or breath-alcohol level was 0.15 or higher or if a minor was present in the vehicle.

Subsections (2), (3), and (4) delineate various penalties for certain aggravating conduct.

Other provisions increase the amount of fines and terms of imprisonment 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.

This article was last updated on Friday, April 21, 2023.