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Florida DUI State Law

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Florida DUI Laws

1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties
Florida's Implied Consent Law
Florida's BAC Requirement

Under Florida DUI laws, you have 10 days from the time you are arrested to request a hearing to be held to fight the charges. Since you only have this limited amount of time, it is critical that you hire a Florida DUI lawyer as soon as you can. With their help, you can fight the charges and increase your chances of dropped charges or lessened DUI penalties.

Florida DUI Laws: Criminal and DMV Cases

In Florida, DUI laws state that two cases will be filed for those who are charged with DUI. The first is a court case, which determines your liability. The second is brought on behalf of the Florida Department of Highway Safety and Motor Vehicles. That case will determine what happens with your driver's license. Look at the breakdown of these laws.

Florida Blood Alcohol Concentration Laws

Under Florida DUI law, you may be arrested if a chemical test (including blood, breath or urine) reveals that you have a blood alcohol level of 0.08 percent or higher. Refusal to submit to a requested test is admissible as evidence in DUI charges. For second and subsequent refusals, you are charged with a misdemeanor in the first degree.

Implied Consent Laws in Florida

Like most other states, Florida has an implied consent law. This law states that individuals who drive on Florida's roads are required to take a chemical test if a police officer requests that test. If you fail to take this test, it will result in a 1-year suspension of your driver's license. If you refuse a second time, during a second or subsequent incident, this warrants 18 months in jail. If someone was injured, police officers can forcibly take this test.

Florida DUI Laws 1st Offense:

  • A first DUI conviction could result in the following:
  • Fine of no less than $250 up to $500. This fine doubles if your blood alcohol level is at 0.20 percent or more.
  • Jail time under Florida DUI penalties includes up to 6 months in jail.
  • Vehicle impoundment of vehicle for at least ten days
  • Driver's license revocation for a minimum of 180 days, a maximum of 1 year.
  • Misdemeanor charge

Florida DUI Laws For 2nd Offense:

Under Florida law, a second conviction is one that occurs within 5 years of the initial conviction. This is the look back period for Florida DUI for second offenses. Florida DUI penalties for second offenses include:

  • Fines of no less than $500 up to $1000, doubled for a blood alcohol level of 0.20 percent.
  • Jail time for second offense is up to 9 months. If this is the second conviction within five years, a mandatory imprisonment of 10 days is required.
  • Impoundment of vehicle up to 30 days
  • Driver's license revocation for a minimum of 5 years.
  • Misdemeanor charge

Florida DUI Law For 3rd Offenses

A third conviction within a 10 year period will warrant the following DUI penalties. This look back period is extended for third and subsequent convictions.

  • Fines of no less than $1000, up to $2500
  • Mandatory imprisonment for at least 30 days
  • 80-day vehicle impoundment.
  • Upgraded to a felony charge.
  • 10-year revocation of driver's license; if this is your fourth conviction you will lose your license entirely, permanently.
  • Misdemeanor charge

Hire A Florida DUI Lawyer

The Florida DUI laws are quite complex. In addition, you only have 10 days from the time of your arrest to even try and fight the charges. Many Florida DUI attorneys are successful at getting charges dropped or reduced. This may mean paying far less and keeping your criminal record clean (not to mention keeping your license.)

Contact Florida Drunk Driving Attorneys


  • Apopka
  • Boca Raton
  • Boynton Beach
  • Brandon
  • Clermont
  • Daytona Beach
  • Deltona
  • Dunedin
  • Fort Lauderdale
  • Gainesville
  • Hallandale
  • Hialeah
  • Hollywood
  • Jacksonville DUI Lawyers
  • Key West
  • Kissimmee
  • Lake Wales
  • Lake Worth
  • Lutz
  • Melbourne
  • Miami DUI Lawyers
  • Miami Beach
  • Middleburg
  • North Miami Beach
  • Opa Locka
  • Orange Park
  • Orlando
  • Ormond Beach
  • Oviedo
  • Palm Harbor
  • Panama City
  • Pensacola
  • Pompano Beach
  • Port Richey
  • Riverview
  • Tallahassee
  • Tampa
  • Valrico
  • West Palm Beach
  • Winter Park
  • Winter Springs

Florida DUI Legal Web Resources

Florida Highway Safety DUI Information Florida DUI Law Guide
Florida Lawyer Directory
Florida DMV DUI Guide
Florida Highway Patrol Florida Superior Courts


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