Florida’s DUI Laws and Penalties for a Conviction

Like all states, Florida prohibits driving under the influence (DUI) of drugs or alcohol. This article explains the requirements for a DUI conviction in Florida and the possible penalties an offender might face for an arrest or a conviction.

Florida's DUI Laws

To get a DUI conviction in court, Florida prosecutors must prove the motorist was driving or in actual physical control of a vehicle:

• while under the influence of drugs or alcohol, or
• with a blood alcohol concentration (BAC) of at least .08%.

(Fla. Stat. § 316.193 (2025).)

In other words, a DUI conviction can be based on BAC or actual impairment.

What It Means to be "Driving or in Actual Physical Control" of a Vehicle in Florida

Of course, you can be convicted of a DUI if you were actually driving, but a moving vehicle isn't necessarily required.

Florida only requires a person to be in actual physical control of a vehicle to be guilty of DUI. Generally, a person is considered to be in actual physical control of a vehicle if the vehicle is reasonably capable of being rendered operable. In determining this issue, judges and juries will generally consider factors such as whether the accused was in the driver's seat, whether the keys were in the ignition, whether the vehicle was running, and whether the vehicle was capable of being engaged. (Griffin v. State, 457 So. 2d 1070 (Fla. 2d DCA 1984).)

Proof of Intoxication for a DUI Offense in Florida

The prosecution has two ways of proving intoxication:

• Prove the driver was under the influence of drugs or alcohol.
• Prove the driver’s BAC was above the legal limit.

To prove a driver was under the influence of drugs or alcohol, the prosecutor must prove to the court that the driver's normal faculties were noticeably impaired. Evidence of impairment can include the police officer’s observations of the driver’s demeanor, driving behavior, and appearance, statements the driver made to the police, the driver’s performance on field sobriety tests, and statements from other witnesses (if there were any).

But if a blood, breath, or urine test shows that the driver's BAC was at least .08%, then the driver is considered "per se" under the influence.

Penalties for a First, Second, and Third DUI in Florida

Most DUI offenses are considered misdemeanors, and the penalties depend on certain aggravating factors and the number of prior DUI convictions. While Florida counts all convictions within the driver's lifetime as prior offenses, recent convictions can increase the penalties even further.

Jail and Fines for Florida DUI Convictions

The chart below outlines the range of jail time and fines for a first, second, and third DUI conviction in Florida.

(Fla. Stat. §§ 316.193, 775.082, 775.083 (2025).)

Aggravated DUI Penalties in Florida

A DUI that involves minor passengers or a BAC of .15% or more will be considered an aggravated DUI. An aggravated DUI carries the following enhanced penalties.

(Fla. Stat. §§ 316.193, 775.082, 775.083 (2025).)

Florida DUI Probation

In lieu of some or all of the required jail time, judges can place DUI offenders on probation as part of the sentence. While on probation, offenders must comply with certain requirements, including monthly reporting and enrollment in a substance abuse treatment program. Probation for first-offense DUIs also requires 50 hours of community service or payment of a $500 fee. Failure to comply with probation requirements can result in license revocation and additional jail time. (Fla. Stat. § 316.193 (2025).)

Treatment Requirements for Florida DUI Offenders

As part of sentencing, offenders are required to submit to an alcohol and drug evaluation. Based on the results of this evaluation, the court will order a treatment program appropriate for the driver. Treatment requirements can include monitored sobriety, random testing, educational classes, treatment programs, and remote sobriety monitoring. (Fla. Stat. § 316.193 (2025).)

Enhanced Penalties for Prior DUIs Within Five Years

While Florida considers all prior DUIs in a driver's lifetime, recent prior offenses can lead to increased penalties. A second offense within 5 years of the first will result in a mandatory 10 days in jail and a 30-day vehicle impoundment. (Fla. Stat. § 316.193 (2025).)

If a third-offense DUI occurs within 10 years of the second offense, the third offense will be charged as a felony (see below). (Fla. Stat. § 316.193 (2025).)

Florida Felony DUI Penalties

A DUI can be charged as a felony in Florida due to the number of prior offenses or due to a resulting injury or death.

Third-Offense Felony DUI

A third (or subsequent) DUI will be charged as a felony if the offender has any prior convictions within the last 10 years. A conviction carries 30 days to 5 years in jail, up to $5,000 in fines, and a 90-day vehicle impoundment. A fourth or subsequent DUI—regardless of when the prior convictions occurred—will be charged as a felony DUI. (Fla. Stat. §§ 316.193, 775.082, 775.083 (2025).)

Injury or Fatality DUI

A DUI that results in serious injury to another is a felony and carries up to five years in prison and up to $5,000 in fines. Impaired driving that results in the death of another is a felony and carries 4 to 15 years in prison, up to $10,000 in fines, and permanent license revocation. (Fla. Stat. §§ 316.193, 322.26, 775.082, 775.083 (2025).)

License-Related Penalties for Florida DUI Offenses

Getting caught driving under the influence of drugs or alcohol will typically lead to license-related penalties. These penalties vary depending on the number of prior offenses and the driver's compliance with testing requirements.

License-related penalties can result from a DUI arrest or conviction.

Failing a Chemical Test in Florida

Drivers who submit to testing and produce a BAC that's at least .08% will also face license suspension. A failed chemical test will result in a six-month suspension for a first offense and a one-year suspension for subsequent offenses. (Fla. Stat. § 322.2615 (2025).)

License Revocation for DUI Convictions in Florida

All DUI convictions result in a driver's license suspension. Generally, the court will specify the duration as part of the criminal sentence. Unless aggravating factors exist, a DUI conviction (first, second, or third) will result in 180 days to 1 year of license suspension. (Fla. Stat. §§ 316.193, 322.28 (2025).)

However, a second-offense DUI conviction that occurs within five years of the first requires a five-year license revocation. A third-offense felony DUI requires a 10-year license revocation. A fourth or subsequent DUI conviction mandates permanent license revocation. (Fla. Stat. §§ 316.193, 322.28 (2025).)

IID Requirements

After serving the license suspension period, drivers are generally required to install and maintain an ignition interlock device (IID) on any operated vehicle. The judge will order a minimum six-month IID for a first-offense DUI. For repeat offenses, the offender must install an IID for at least two years. (Fla. Stat. § 316.193 (2025).)

Hardship Restricted IID License

Suspended and revoked drivers may be eligible for restricted driving privileges during the revocation period. Applicants must be enrolled in a court-ordered treatment program and might have to complete a minimum portion of the suspension period prior to being eligible for restricted privileges. Driving privileges might be limited to certain times or only for work or school purposes. (Fla. Stat. § 322.271 (2025).)

A driver who was revoked for five years due to a second-offense DUI within five years can apply for a restricted license after one year of revocation. (Fla. Stat. § 322.271 (2025).)

A driver who was revoked for 10 years due to a third-offense felony DUI conviction can apply for a restricted license after 2 years of revocation. (Fla. Stat. § 322.271 (2025).)

Florida's Implied Consent and Refusal Law

Florida's "implied consent" law requires all drivers who are lawfully arrested for driving under the influence to submit to breath, blood, or urine testing to determine the presence of consumed drugs or alcohol. (Fla. Stat. § 316.1932 (2025).)

License Suspension for Unlawful Refusals of Breathalyzers and Other Tests

Unlawful refusal of a chemical test will result in a 1-year driver's license suspension for a first offense and an 18-month suspension for a second or subsequent offense. (Fla. Stat. § 316.1932 (2025).)

Criminal Charges for Implied Consent Violations

Refusing a breath or urine test is a crime in Florida, but refusing a blood test is merely a civil offense. The United States Supreme Court has ruled that a person can’t be criminally charged for refusing a blood test (unlike breath and urine tests). A driver won’t face jail for refusing a blood test but will face a 1-year license suspension for a first offense and an 18-month suspension for a second or subsequent offense. (Fla. Stat. § 316.1932 (2025); Birchfield v. North Dakota, 579 U.S. 438 (2016).)

An unlawful refusal of a breath or urine test is a second-degree misdemeanor, which carries a 1-year driver's license revocation, up to 60 days in jail, and a fine of $500. (Fla. Stat. §§ 316.1932, 775.082, 775.083 (2025).)

A second or subsequent unlawful refusal of a breath or urine test is a first-degree misdemeanor, which carries an 18-month driver's license revocation, up to 1 year in jail, and a fine of $1,000. (Fla. Stat. §§ 316.1932, 775.082, 775.083 (2025).)

A driver who refuses a chemical test might be eligible for a restricted license. However, drivers with two or more test refusal violations are ineligible for restricted privileges. (Fla. Stat. § 322.271 (2025).)

Refusals Can Be Used Against You at Trial

A prosecutor can use a driver’s refusal to take a chemical test as proof of guilt in the criminal court case. The prosecutor can argue that the driver refused because the driver believed the test result would show impairment. (Fla. Stat. § 316.1932 (2025).)

Florida's Underage DUI Laws

Florida prohibits any driver under the age of 21 from having a BAC of .02% or more. While not a criminal offense, an underage DUI will result in license suspension and other penalties. (Fla. Stat. § 322.2616 (2025).)

Test Failures

An underage driver with a .02% BAC will receive a six-month license suspension. This suspension is increased to one year if the offender has any prior underage DUI violations. If the driver's BAC was .05% or more, the offender will also be required to complete a DUI education program before license reinstatement. (Fla. Stat. § 322.2616 (2025).)

Test Refusals

Drivers under the age of 21 are required to submit to a breath or blood test if the officer reasonably believes the driver has consumed alcohol. An unlawful refusal will result in a one-year license suspension. The suspension period is 18 months for drivers with prior refusals or test failures. (Fla. Stat. § 322.2616 (2025).)

Florida's First Offender Options

A first offense DUI charge can sometimes be resolved without a criminal conviction. Eligible drivers who participate in a diversion program can earn a dismissal of the charges by completing a series of rehabilitative requirements and paying certain fees.

However, diversions generally aren't available to those with prior offenses, with excessively high BACs, or who caused injuries or death.

Getting Help From a Florida DUI Lawyer

If you've been charged with driving under the influence in Florida, it's a good idea to talk to an experienced DUI lawyer. A qualified DUI attorney can help you understand how the law applies to the facts of your case and decide on the best course of action.