Florida DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in Florida, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
Florida DUI At a Glance
First Offense DUI in Florida
Up to 6 months jail, $500–$1,000 fine, 180-day suspension
Florida has no lookback period for prior DUI convictions
Second Offense DUI in Florida
Up to 9 months jail, $1,000–$2,000 fine, 5-year revocation (if within 5 years)
When Does a DUI Become a Felony in Florida?
In Florida, a DUI typically becomes a felony charge at the 3rd offense within 10 years. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
Florida DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in Florida
Florida, like all U.S. states, has an implied consent law. By driving on Florida roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in Florida
Different states use different terminology. Florida uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in Florida
If you are facing a DUI charge in Florida, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension