DUI Laws in Florida

0.08 grams per 100 mL of blood or per 210 L of breath for drivers generally; 0.02 for drivers under 21.

A first DUI conviction carries a fine of $500 to $1,000 and up to 6 months in jail, plus probation of up to 1 year that includes at least 50 hours of community service. With a BAC of 0.15 or higher or a passenger under 18, the fine is $1,000 to $2,000 and jail up to 9 months. The court may order an ignition interlock for at least 6 months if BAC was 0.08 or higher (mandatory in the 0.15/minor-passenger cases). The license is revoked for at least 180 days up to 1 year. Administratively, a BAC of 0.08 or higher brings a 6-month suspension for a first offense.

DUI is a third-degree felony when it is: (1) a third DUI conviction for an offense within 10 years of a prior DUI conviction; (2) a fourth or later DUI conviction, no matter when the earlier convictions happened; or (3) a DUI that causes or contributes to serious bodily injury to another person. A DUI that causes a death is DUI manslaughter, a second-degree felony, or a first-degree felony if the driver knew or should have known of the crash and failed to give information and render aid, or has a prior DUI manslaughter or vehicular homicide conviction.

Refusing a lawful breath, blood or urine test leads to an administrative suspension of 1 year for a first refusal, or 18 months if the license was previously suspended for a refusal. The officer takes the license and issues a 10-day temporary permit.

A second conviction within 5 years of a prior conviction requires at least 10 days in jail; a third conviction within 10 years of a prior conviction is a third-degree felony with at least 30 days in jail and an ignition interlock for at least 2 years.

FLHSMV says DUI convictions must remain on the driving record for 75 years. Florida courts may not withhold adjudication of guilt for a DUI, so a DUI case that ends in a guilty finding is a conviction. Florida's court-ordered sealing law is only available to people who have never been adjudicated guilty of a criminal offense in Florida and were not adjudicated guilty in the case they want sealed, so a DUI conviction generally cannot be sealed.

A driver whose license has been suspended, canceled or revoked may ask the department for a hearing to show that it causes serious hardship and keeps them from carrying out their business, trade or employment. A license restricted to business purposes allows driving needed to maintain a livelihood, including work, school, church and medical; one restricted to employment purposes allows driving to and from work and required on-the-job driving.