DUI Law and Punishments in Florida

The DUI (driving under the influence) statutes in Florida are more stringent than in many other jurisdictions.

Similar to the majority of states, Florida is an implied consent jurisdiction. The term implied consent simply means that anyone who decides to drive a vehicle in Florida has thereby consented to be subject to alcohol breath testing, urine testing for illegal drugs, and chemical blood testing if they are involved in an accident resulting in a fatality or catastrophic injury. The concept of implied consent extends to physical sobriety testing as well. Anyone declining to be subject to chemical testing will have their driver's license automatically suspended for 12 to 18 months.

According to Florida DUI law, a driver whose chemical testing shows a blood alcohol content (BAC) of at least .08% is presumed to be under the influence, and one who's BAC falls between .051% and .079% is not subject to that presumption, but those levels can be used in court proceedings initiated against them.

First-time offenders registering a blood alcohol level of .08% or above are required by Florida DUI law to have their driver's license suspended for six months.

Under Florida DUI law, law enforcement officers are able to hold drivers at the police station following a DUI stop until they are found to be out from under the influence or are no longer impaired (breath alcohol registering .05 or under) for a period of at least eight hours.

The short visit in jail following a DUI traffic stop in Florida merely marks the initial phase of your difficulties. Anyone found guilty as a first-time DUI offender in Florida will be subject to punishments such as fifty full hours of community service work, a year of probation, up to $1,000 in fines, and a potential jail sentence of nine months. According to Florida DUI statues, if a driver's blood alcohol content registered .15 or higher or if a child was riding in the car at the time of the arrest, their driver's license must be revoked for no less than six months, and an ignition interlock device will be placed in their vehicle.

For repeat Florida DUI offenders, punishments such as incarceration, license revocation and fines will be much harsher than for first-time offenders.

Anyone convicted of a fourth DUI violation has thereby committed a third degree felony, according to Florida DUI law, and is subject to mandatory permanent license revocation as well as a possible ten-year prison sentence.

Being convicted of even a single DUI offense in Florida will raise your insurance rates drastically and may even result in the cancellation of your coverage.

Even first-time DUI offenders in Florida must obtain high risk insurance coverage for no less than three years following their conviction event. The required high risk coverage is called Florida SR22 insurance. The name comes from the fact that the SR22 is a DMV (Department of Motor Vehicles) form provided by an insurance carrier to the DMV before a DUI offender's driver's license can be restored following a revocation or suspension. Insurance carriers are required to inform the DMV whenever a driver's SR22 coverage is permitted to lapse under any circumstance.