Florida DUI & Distracted Driving Laws

DUI laws in Florida

First offense

The first DUI offense is a misdemeanor in Florida. If convicted, you may face the following fines and penalties:

  • A fine not less than $500 and not more than $1,000.
  • Imprisonment for not more than six months.
  • If the blood alcohol content (BAC) was .15 or higher, or if there was a minor in the vehicle, a fine not less than $1,000 or more than $2,000.
  • If the BAC was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than nine months.
  • Driver's license revocation for a minimum of 180 days and a maximum of one year.
  • If you caused an accident with a bodily injury, driver's license revocation for a minimum of one year.
  • If your BAC was .15 or above or there was a minor in the vehicle, installation of an ignition interlock for at least six months.

Second offense

The second DUI offense is a misdemeanor with:

  • A fine not less than $1,000 and not more than $2,000.
  • Imprisonment for not more than nine months.
  • If BAC was .15 or higher, or if there was a minor in the vehicle, a fine not less than $2,000 or more than $4,000.
  • If the BAC was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than 12 months.
  • If within five years of prior conviction, minimum of five years license revocation. You may be eligible for a hardship reinstatement after one year.
  • If it's been five or more years after a first conviction, the same revocation periods as first offense applies.
  • Installation of an ignition interlock for at least one year.
  • If your BAC was .15 or higher, or if there was a minor in the vehicle, installation of an ignition interlock for at least two years.

Third offense

The third DUI offense in Florida within 10 years of a prior conviction is a third-degree felony with:

  • A fine not less than $2,000 or more than $5,000.
  • If the BAC was .15 or higher, or if there was a minor in the vehicle, a fine not less than $4,000.
  • If the third conviction is within 10 years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours must be consecutive.
  • Minimum 10 years license revocation. May be eligible for hardship reinstatement after two years.
  • Installation of an ignition interlock for at least two years.

Third offense (more than 10 years from the second conviction)

If you're convicted of a DUI offense in Florida that is more than 10 years after a prior conviction, you may face:

  • A fine not less than $2,000 or more than $5,000.
  • If the BAC was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.
  • If the third conviction is more than 10 years of a prior conviction, imprisonment for not more than twelve months.
  • The same license revocation periods as a first offense applies.
  • Installation of an ignition interlock for at least two years.

Fourth or subsequent offenses

If convicted for a fourth or subsequent offense, you may get:

  • A fine not less than $2,000.
  • If the BAC was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.
  • Imprisonment for no more than five years.
  • Mandatory permanent license revocation (regardless of when your prior convictions occurred). You may be eligible for hardship reinstatement after five years. If you're incarcerated, the license revocation period begins upon the date of release from incarceration.
  • Installation of ignition interlock for at least five years (as a condition of a hardship license).

Refusal of chemical tests in Florida

A refusal is admissible as evidence in DUI criminal proceedings in Florida. If you refuse to submit to a breath, blood or urine test:

  • First refusal may result in a license suspension of one year.
  • A second or subsequent refusal is a misdemeanor of the first degree.
  • Second or subsequent refusals may also result in a license suspension for 18 months.

DUI penalty sources: Florida Department of Highway Safety and Motor Vehicles and the National Conference of State Legislatures

Distracted driving laws in Florida

Prohibits drivers from using hand-held cell phone while driving

No

All cellphone ban

No

All cellphone use banned for novice drivers

No

Text messaging ban while driving

All drivers

Source: Governors Highway Safety Association

Posted Feb. 13, 2019