Find a Florida DUI Attorney For Your Case
Florida Driving Under the Influence (DUI) Laws
Note: Florida DUI penalties will vary depending on a First, Second or Third Florida DUI Conviction.
Definition of Intoxication:
Under Florida Statutes, section 316.193, Florida Driving Under the Influence (DUI) may be proved two different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your normal faculties were impaired; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Florida drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
When Can I Drive, if I’ve Been Drinking?
The best way to avoid DUI in Florida is to have someone else drive, if you’ve been drinking. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had. Many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Summary of Illegal BAC Levels in Florida:
•Adult Driver - DUI with BAC of 0.08 or higher
•Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher.
•Under 21 Driver – DUI with BAC of 0.02 or higher
Florida DUI Consequences
Consequences of DUI Offense in Florida.
A drunk driving conviction in Florida has serious consequences. Repeat offenders are punished more severely.
A DUI conviction in Florida remains on your record for 75 years, for purposes of calculating repeat offense levels, but repeater penalties are higher if your prior offenses are within 5 years for a second offense and within 10 years for third offenses.
A DUI with a BAC of 0.15 or more, or while driving with a minor passenger under age 18, also produces more serious punishments.
All drivers convicted of DUI in Florida must be placed on monthly reporting probation, when they are not incarcerated. Florida DUI defendants may also be required to serve all or part of their sentences in a residential substance abuse treatment program.
The arresting officer confiscates a Florida DUI arrestee’s driver’s license immediately, and issues a 10 day driving pass, pending an administrative suspension hearing.
You can apply for a hardship license for business or employment purposes when 30 days have elapsed from the date the temporary pass expires (90 days, if you refused a BAC test).
