Florida DUI/DWI Laws

Learn about the penalties for a DUI conviction in Florida

Your DUI conviction, or refusal to consent to a chemical test is considered a misdemeanor in Florida unless:

  • This is your third DUI within ten years (classified as a third degree felony).
  • This is your fourth, fifth, sixth, or more DUI regardless of when they occurred (classified as a third degree felony).
  • Your incident was the cause of serious bodily injury (medical injury with a risk of death) or disfigurement or serious organ injury (classified as a third degree felony). Your incident resulted in the death of a person or unborn (DUI manslaughter -- either a first or a second-degree felony).

Florida DUI Laws First offense

results in a driver’s license suspension for 180 days to 1 year, fines from $250-$1,000 (or $500-$1000

Florida DUI Laws Second offense

Florida DUI Laws – Second offense within 5 years of first results in a driver’s license revocation for 5 years, with possible hardship reinstatement after 1 year.

Florida DUI Laws Third offense

Florida DUI Laws – Third offense within 10 years of first offense is considered a Third-Degree Felony and results in a driver’s license revocation for minimum 10 years,

Drinking and Driving Laws in Florida

The State of Florida drunk driving laws prohibits driving any type of vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 percent BAC limit is the standard measurement used across the United States for the "impaired" driver. This limit is lower for drivers of commercial vehicles (.04%) and virtually non-existent for drivers under the age of 21 (.02%).

How many drinks does it take to reach the legal limit in Florida? There really isn't a magic formula that can calculate exactly how much you can drink before you become legally impaired. It is safe to say that for every drink you take, your level of impairment increases. There have been studies that have shown that you blood alcohol concentration level goes up approximately .05 percent for each drink taken. In fact, it takes very little alcohol to become legally drunk. The best answer is not to drink and drive.

The State of Florida has strict laws for drunk driving, and when you drink and drive in Florida, you risk your freedom, finances and your future.+

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