Florida DUI: What You Need to Know

A DUI (Driving Under the Influence) charge in Florida can carry serious and long-lasting consequences. Whether it’s your first offense or a repeat incident, understanding the laws, penalties, and your options can make a significant difference in the outcome. This guide explains the essentials of DUI laws in Florida, what happens after an arrest, and how to move forward—legally and responsibly.

What Constitutes a DUI in Florida?

Fr44In Florida, a driver can be charged with DUI if they are found operating a motor vehicle with a:

  • Blood Alcohol Content (BAC) of 0.08% or higher
  • Controlled substance impairing their normal faculties
  • Any BAC level if under 21 years old (zero-tolerance policy)

DUI charges may result from alcohol, illegal drugs, or even prescription medications if they impair your ability to drive safely.

Penalties for DUI in Florida

DUI penalties vary depending on your record and the circumstances of the offense. These may include:

First DUI Offense

  • License suspension: 6 months to 1 year
  • Fine: $500–$1,000
  • Jail time: Up to 6 months
  • Ignition interlock (BAC 0.15+ or minor in car): 6 months minimum
  • Mandatory DUI school

Second DUI Offense

  • License suspension: 5 years (if within 5 years of first offense)
  • Fine: $1,000–$2,000
  • Jail time: Up to 9 months
  • Ignition interlock: Minimum 1 year

Third or Subsequent DUI

  • Felony charges possible
  • License revocation: 10 years or more
  • Jail time: Up to 5 years
  • Hefty fines, long-term interlock, and possible vehicle impoundment

Administrative vs. Criminal Penalties

Florida DUI charges often lead to two types of penalties:

  • Administrative penalties: Imposed by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), including license suspension.
  • Criminal penalties: Determined in court, including jail time, fines, and probation.

It’s possible to lose your license before a criminal conviction, which is why it’s important to act quickly.

Refusing the Breathalyzer or Blood Test

Florida has an implied consent law. If you refuse to submit to a lawful breath, blood, or urine test, you may face:

  • Automatic license suspension: 1 year for first refusal, 18 months for subsequent refusals
  • Refusal used as evidence in court

Even if you’re not convicted of DUI, the refusal alone can result in penalties.

How to Get Your License Back

After a DUI, you may be eligible for a restricted or hardship license that allows limited driving for work, school, or medical appointments. Requirements include:

  • Enrollment in DUI school
  • Payment of reinstatement and administrative fees
  • Proof of FR-44 insurance (not SR-22)
  • Installation of an ignition interlock device (in some cases)

Hardship licenses are not guaranteed and are subject to approval by the Bureau of Administrative Reviews.

What Is FR-44 Insurance?

If you’re convicted of DUI in Florida, you must carry FR-44 insurance to reinstate your license. This is a high-liability policy that includes:

  • $100,000 bodily injury coverage per person
  • $300,000 per accident
  • $50,000 property damage

FR-44 policies are required for a minimum of 3 years and typically cost more due to your high-risk status. Learn more about FR-44 requirements here.

 

Monitoring Requirements

Depending on the severity of your DUI offense, you may be ordered to install a vehicle ignition interlock device or be monitored via SCRAM ankle bracelets or random drug/alcohol tests.

Monitoring is overseen by probation officers or third-party service providers and is often required for probation compliance and license reinstatement.

How a DUI Affects Your Future

Beyond legal penalties, a DUI conviction can impact:

  • Your job—especially if driving is part of your work
  • Your insurance rates and eligibility
  • Your ability to rent vehicles or travel abroad
  • Your criminal record—DUI is not easily expunged in Florida

What to Do After a DUI Arrest

  1. Act fast: You have 10 days to request a hearing to contest the administrative license suspension.
  2. Seek legal help: An experienced DUI attorney can help you understand your rights and possibly reduce charges or penalties.
  3. Enroll in DUI school: Required for license reinstatement and often viewed favorably by courts.
  4. Get FR-44 insurance: Required to legally drive again. We can help with affordable options.

We Can Help You Get Back on the Road

At MyFloridaFR44.com, we work with top-rated insurance carriers that specialize in helping high-risk drivers meet Florida’s FR-44 requirements. Whether you're a student, non-owner, or repeat offender, we help you find a policy that meets state regulations and fits your budget.

Request your FR-44 quote now or explore our FR-44 resources for more help navigating Florida’s DUI laws.

Final Thoughts

Facing a DUI in Florida can be overwhelming, but you're not alone. With the right support, information, and compliance steps, you can get back on track and legally drive again. We’re here to guide you through the process—step by step.