If a police officer has probable cause to believe that you don’t have your normal faculties, they can ask you to pull over and submit to a field sobriety test, a portable blood test, or a breathalyzer test.

Refusing the tests or providing a positive result may lead to arrest, detainment, and further testing. At the end of it all, your driver’s license will be confiscated and you’ll receive a notice of suspension and a temporary 10-day permit.

MORE:

All the Florida traffic laws you should know

Florida’s DUI penalties include fines, imprisonment, and a driver’s license revocation

If your test results indicate a BAL of 0.08 or greater, your

driver’s license will be automatically suspended

for six months.

You can fight an unlawful suspension by requesting a review within 10 days of receiving notice of suspension.

Next comes bail, arraignment, pre-trial, trial, and sentencing. Your first DUI conviction could result in:

A permanent criminal record and misdemeanor charge

A fine of $500-$1,000

Imprisonment for up to six months

A vehicle impoundment of 10 days

A driver’s license revocation of 180 days to one year

No matter the length of your license revocation, you’ll have to wait 30 days to apply for a

Florida restricted hardship license

that will allow you to drive to work.

Alternatively, you can wait for the revocation period to end before applying for an unrestricted

Florida driver’s license reinstatement

Florida DUI penalties increase with prior convictions

The state of Florida increases the penalties for second, third, and fourth DUI cases.

Penalty	Second DUI	Third DUI	Fourth DUI
Immediate license suspension	One year	One year	One year
Charge	Misdemeanor	Misdemeanor (if the third offense is more than 10 years from the second offense) OR Third-degree felony (if the third offense is committed within 10 years of the second offense)	Third-degree felony
Fines	$1,000-$2,000	$2,000-$5,000	At least $2,000
Imprisonment	10 days to nine months	30 days to 12 months	Maximum five years
Impoundment	30 days	90 days	90 days
License revocation	Five years (eligible for a hardship license after one year)	10 years (eligible for a hardship license after two years)	Permanent (eligible for a hardship license after five years)
Mandatory Ignition Interlock Device (IID)	No	No	Six months
DUI school	Yes	Yes	Yes
Restricted hardship license requirements	One year without driving, one year of sobriety, DUI school, DUI supervision program, IID for one year, and letters of recommendation	Two years without driving, one year of sobriety, DUI school, DUI supervision program, IID for two years, and letters of recommendation	Five years without driving, five years of sobriety, five years without a drug-related arrest, DUI school, DUI supervision program, IID for at least two years, and letters of recommendation

MORE:

What happens when you get a 2nd DUI in Florida

Aggravated DUI charges will double your fines

The Florida Statutes define an “aggravated DUI” as driving impaired with an underage passenger or a BAL of 0.15% or higher. Whether it’s your first or fourth DUI offense, an aggravated judgment doubles the maximum fines, extends the maximum prison terms by three months, and lengthens the amount of time you must have an IID installed.

BAL limits are stricter for minor and underage drivers

Motorists under the age of 21 who drive impaired or with a BAL of 0.02% or more are guilty of a DUI in Florida.

If you’re under 18, the arresting law enforcement officer might even take you directly to the county addictions receiving facility.

As above, you can be stopped, tested, and your license confiscated. Here are the special conditions for underage DUI drivers:

Underage drivers receive a temporary permit that only becomes valid 12 hours after their arrest, but it still lasts for 10 days.

A blood alcohol concentration of 0.02% or more will result in an immediate six-month driver’s license suspension. Score 0.05% or more and it’ll increase to a year (even if it’s your first offense) and you’ll have to complete a substance abuse evaluation and course to lift it.

If you’re 19 years of age or less, your parents or guardian will be notified of the results of your evaluation.

You must wait a minimum of 30 days, complete DUI school, and take a Traffic Law and Substance Abuse Education course to qualify for a hardship license.

Property damages, personal injuries, serious bodily injuries, or death will result in felony and misdemeanor charges

Depending on the consequences, you could face additional penalties for causing a DUI car accident.

Penalty	Collision resulting in personal injury or property damages	Collision resulting in serious bodily injury	Collision resulting in death
Charge	First-degree misdemeanor	Third-degree felony	DUI manslaughter (second-degree felony)
Fines	Up to $1,000 9	Up to $5,000	Up to $10,000
Imprisonment	Up to one year 10	Up to five years	Up to 15 years
License revocation	See the regular penalty table above	At least three years	Permanent
Hours of community service	No	120 hours 11	120 hours
Driver improvement course	No	Yes	Yes

Unless you have zero prior convictions relating to drunk driving, causing a car accident that results in death makes you ineligible for a hardship license. If it’s your first DUI offense, you can apply for one by following the same guidelines as a driver with four DUIs.

BAL limits are stricter for commercial drivers

Anyone who operates a Commercial Motor Vehicle (CMV) while impaired or with a BAL of 0.04% will have their Commercial Driver’s License (CDL) disqualified for one year.

In addition, refusing a test will disqualify you for one year, transporting hazardous materials will disqualify you for three, and a second conviction (or refusal) could disqualify you for life.

You cannot reinstate your CDL by arguing a hardship DUI defense. You must surrender it to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), which will give you a full Class E driver’s license in exchange for free. If you’d like to get it back after your disqualification ends, you’ll need to pay a $75 fee (if it’s still valid) or re-apply and qualify for a new one (if it’s expired).

A Florida DUI requires FR-44 insurance

FR-44 insurance

isn’t really insurance—it’s a certificate your car insurance provider files directly with the DMV asserting that you’ve bought a policy. Any driver who commits a DUI in Florida is required to maintain an FR-44 for at least three years.

In addition to a yearly filing fee of $15-$25, FR-44 insurance requires:

$50,000 of

property damage liability

coverage per accident

$100,000 of

bodily injury liability

coverage per person

$300,000 of bodily injury liability coverage per accident

$10,000 of

personal injury protection (PIP insurance)

per accident

After three years, the premiums associated with FR-44 insurance can rival the cost of your fines and a DUI lawyer—but

Jerry

can help. We’ll show you personalized

car insurance quotes

from providers who specialize in helping high-risk drivers.

MORE:

Florida SR-22 and FR-44 filing rules

FAQs

Is Florida tough on DUIs?

With fines, jail time, vehicle impoundment, and license suspensions and revocations, Florida's DUI laws are among the toughest in the country. It may be justified given the fact

the Sunshine State has an above-average death rate for motorists under the influence of alcohol

Is a DUI a felony in Florida?

Even if it’s your first conviction, a jury could charge you with a third-degree felony if your DUI causes serious bodily injury or a second-degree felony if it causes death. If you have three prior DUIs, getting arrested a fourth time counts also as a third-degree felony.

Is it better to refuse a breathalyzer test in Florida?

Refusing a urine, blood, or breath test violates Florida’s implied consent law. Your first refusal will automatically result in a one-year suspension of your driver's license, and two or more refusals will result in an 18-month suspension and a first-degree misdemeanor.

Can I drive after a DUI in Florida?

If a police officer confiscates your driver's license for impairment, they'll give you a temporary permit that allows you to drive for 10 days. Note that you must still obey all of Florida’s regular traffic laws while driving with a permit.

Can you refuse a DUI checkpoint in Florida?

You’re guilty of a first-degree misdemeanor if you refuse a police officer's request to test your BAL (also known as Blood Alcohol Content or BAC). However, Florida motorists are allowed to avoid a DUI checkpoint as long as they don’t break the law in doing so (such as by making an illegal U-turn).