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Understanding DUI Laws in Florida: Penalties, Limits, and Next Steps

Learn about DUI Florida laws, including fines, license suspension, and legal rights. Get the information you need to fight charges and protect yourself.

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Being charged with driving under the influence (DUI) in Florida can have serious consequences. Florida's laws for driving under the influence of alcohol can reduce or eliminate your driving privileges and lead to vehicle impoundment, increased insurance prices, ignition interlock devices, and license suspension.

In a nutshell, drunk driving is never a good idea. This guide will help you better understand legal limits, substance abuse evaluations, and Florida DUI laws.

Florida's DUI Laws and Blood Alcohol Concentration (BAC) Limits

A DUI in Florida can lead to significant fines and penalties. Florida's DUI laws state that driving under the influence of a chemical substance, alcohol, or illegal drugs is illegal with a breath alcohol concentration (BAC) of .08 or higher.

If you operate a commercial vehicle, you can lose your license for a year if you are convicted of driving with a BAC of .04 or higher, refusing to submit to a test, or possessing a controlled substance.

There is a zero-tolerance policy for driving under the influence for teen drivers. If you are 20 or younger and have a BAC of .02 or higher, you will lose your license immediately for six months. If caught a second time, you will face a one-year suspension.

Penalties for a DUI Offense in Florida

Driving above the legal limit in Florida puts you at risk for serious penalties, including:

  • First DUI conviction: Fines of not less than $500 or more than $1,000. However, if your BAC exceeds 0.15 or you have a minor in the car with you, that jumps to not less than $1,000 or more than $2,000. At the court's discretion, you can be imprisoned for a maximum of six months (or nine months in the case of a higher BAC and a minor in the car).
  • Second DUI conviction: Fines of not less than $1,000 or more than $2,000. Again, that shifts to not less than $2,000 or more than $4,000 for a BAC of 0.15 or higher or a minor in the car. You can be imprisoned for up to nine months or a year if you have a higher blood alcohol content or a minor with you.
  • Third DUI conviction: Fines of not less than $2,000 (not less than $4,000 for BAC of 0.15 or minor in the car) or more than $5,000. If this conviction is within 10 years of a previous DUI, you will face mandatory prison time of at least 30 days. If it has been more than 10 years, the maximum sentence is one year.
  • Fourth or subsequent DUI conviction: Fines of not less than $2,000 or not less than $4,000 for a blood alcohol level greater than 0.15 or a minor in the vehicle. The maximum prison sentence is five years.

You are also likely to face the impounding of your car. Crashes involving personal injury or bodily injury carry higher sentences.

The Impact of a DUI on Your Driving Record

Florida means business when it comes to safe driving. A DUI offense will stay on your driving record for 75 years, longer than in most states. It can also result in a suspended license.

Beyond the toll it takes on your driving record, a DUI will also have legal and administrative consequences, such as:

  • You must complete a licensed DUI program that focuses on safe driving practices. You may also be required to have a substance abuse evaluation.
  • You must retake driving exams and pay administrative, reinstatement, and license fees.
  • You can apply for a hardship license if you show proof that you must drive before your license reinstatement begins. You will also need proof that you completed a DUI course.
  • You may need to install an ignition interlock device to ensure you are fit to drive when you get behind the wheel.

How a DUI Affects Your Insurance Rates

A DUI will raise the cost of your auto insurance by a whopping 61% and impact insurance rates for about 10 years.

While it's not technically insurance, SR-22 is sometimes called SR-22 insurance in Florida. It is actually a certificate of financial responsibility verifying that you have the necessary insurance coverage to drive. This is a common requirement after a DUI.

DUI insurance can also help you in the wake of a serious driving infraction.

If you are ticketed for a DUI in Florida, you should seek legal help. Ideally, you should find an attorney who specializes in DUI defense and can help you understand state laws, protect your rights, and reduce potential consequences.

Helpful Resources for Florida Drivers Facing a DUI

If you are a Florida driver facing a DUI charge, here are some helpful resources:

Protect Your Future With the Right Car Insurance After a DUI

While car insurance will likely cost more after a DUI, you can still find cheap car insurance in Florida if you do your due diligence and research the best options. Visit EverQuote to find car insurance in Florida and compare options, prices, and features.

FAQs

What happens in Florida if you get a DUI?
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The consequences will vary based on whether it is your first DUI or if you have already been charged with one. You will likely pay a fine and may face jail time.
How likely is jail time for the first DUI in Florida?
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You can be jailed for up to six months, though it is less likely for a first offense.
Can a first-time DUI be dismissed in Florida?
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Yes, depending on circumstances and the judge's discretion.
How much is a DUI charge in Florida?
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Charges vary from $500 to $5,000 based on the offense.