Florida DUI Laws 2026: Complete Guide

Florida has some of the strictest DUI laws in the United States, with severe penalties that escalate dramatically for repeat offenses or aggravating factors. Understanding Florida's BAC limits, the critical 10-day review deadline, administrative vs. criminal proceedings, ignition interlock requirements, and your rights during a traffic stop is essential if you've been arrested or want to avoid a DUI charge.

Legal BAC Limits in Florida

Florida Statute § 316.193 defines the legal BAC limits:

DUI Penalties in Florida

First Offense DUI (Misdemeanor)

• Jail: Up to 6 months (up to 9 months if BAC 0.15%+ or minor in vehicle)
• Fines: $500 to $1,000 ($1,000 to $2,000 if BAC 0.15%+ or minor in vehicle)
• License Suspension: 180 days minimum (6 months) to 12 months
• Probation: Not to exceed 12 months (combined with jail cannot exceed 12 months)
• DUI School: 12-hour DUI program required for hardship license eligibility
• Community Service: 50 hours required
• Vehicle Impoundment: 10 days (can be waived if sole family vehicle)
• Ignition Interlock: Up to 6 months (mandatory if BAC 0.15%+ or minor in vehicle)
• Substance Abuse Evaluation: Required and any recommended treatment

Second Offense DUI (Misdemeanor)

• Jail: Up to 9 months (up to 12 months if BAC 0.15%+ or minor in vehicle)
• Mandatory Jail: Minimum 10 days if within 5 years of first DUI (48 hours must be consecutive)
• Fines: $1,000 to $2,000 ($2,000 to $4,000 if BAC 0.15%+ or minor in vehicle)
• License Suspension:
  • 5 years minimum (if within 5 years of first DUI)
  • 180 days to 12 months (if more than 5 years from first DUI)
• Probation: Not to exceed 12 months (combined with jail cannot exceed 12 months)
• Vehicle Impoundment: 30 days (can be waived if sole family vehicle)
• Ignition Interlock: Minimum 12 months (minimum 24 months if BAC 0.15%+ or minor)
• DUI School: 21-hour advanced DUI program
• Community Service: 50 hours

Third Offense DUI

• Felony vs Misdemeanor:
  • Third DUI within 10 years = Third-degree felony
  • Third DUI more than 10 years from second = First-degree misdemeanor
• Jail/Prison:
  • Up to 12 months (if misdemeanor)
  • Up to 5 years (if felony)
• Mandatory Jail: Minimum 30 days (if third within 10 years of second)
• Fines:
  • $2,000 to $5,000 (standard)
  • $4,000 minimum if BAC 0.15%+ or minor in vehicle
• License Suspension: 10 years minimum (if within 10 years of second DUI)
• Vehicle Impoundment: 90 days
• Ignition Interlock: Minimum 24 months
• Felony Consequences: Loss of voting rights, gun rights, professional licenses

Fourth+ Offense DUI (Third-Degree Felony)

• Prison: Up to 5 years
• Fines: Not less than $2,000 (no maximum)
• License Suspension: Permanent revocation
• Habitual Traffic Offender: Designated HTO (5-year additional suspension)
• Vehicle Impoundment: 90 days
• Ignition Interlock: Minimum 24 months if license ever reinstated
• Felony Consequences: Permanent criminal record, loss of civil rights

Enhanced Penalties - High BAC or Minor Passenger

Florida imposes enhanced penalties if:

• BAC was 0.15% or higher, OR
• Minor (under 18) was in the vehicle

Enhancements:

• Higher maximum jail/prison time
• Double the fine minimums
• Mandatory ignition interlock (first offense: minimum 6 months; second: minimum 24 months)

DUI Causing Property Damage or Injury

DUI with Property Damage (First-Degree Misdemeanor):

• Fla. Stat. § 316.193(3)(a)
• Up to 12 months jail
• Up to $1,000 fine

DUI with Serious Bodily Injury (Third-Degree Felony):

• Fla. Stat. § 316.193(3)(c)(2)
• Up to 5 years prison
• Up to $5,000 fine
• Mandatory minimum 10 days jail
• License revocation minimum 3 years

DUI Manslaughter (Second-Degree Felony):

• Fla. Stat. § 316.193(3)(c)(3)
• Up to 15 years prison (up to 30 years if failure to render aid)
• Up to $10,000 fine
• Mandatory minimum 124.5 months (10.375 years) if caused death of human, 120 days if caused death of unborn child
• Permanent license revocation

Critical 10-Day Review Deadline

Florida's most important DUI deadline (Fla. Stat. § 322.2615):

What is the 10-Day Rule?

After a DUI arrest, you have only 10 CALENDAR days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) or your license suspension becomes permanent.

Automatic Administrative Suspension

When arrested for DUI in Florida, your license is immediately suspended:

• If you took test and BAC 0.08%+: Your physical license is taken and you receive temporary permit valid 10 days
• If you refused testing: Your physical license is taken and you receive temporary permit valid 10 days
• After 10 days: Temporary permit expires and suspension begins UNLESS you requested formal review

Suspension Lengths (Administrative)

If You Took Test (BAC 0.08%+):

• First offense: 6 months suspension
• Second offense: 12 months suspension
• Third+ offense: 18 months suspension

If You Refused Test:

• First refusal: 12 months suspension
• Second+ refusal: 18 months suspension (plus separate first-degree misdemeanor charge)

Requesting Formal Review Hearing

To challenge your administrative suspension:

1. Request hearing within 10 calendar days
   • Online at DHSMV website (fastest)
   • Mail written request to local DHSMV office (must be postmarked by day 10)
   • In person at DHSMV office
2. Pay filing fee: $50 (waived if indigent)
3. Receive temporary permit: Valid until hearing date (usually 30-90 days)
4. Attend formal review hearing:
   • Conducted by DHSMV hearing officer (not a judge)
   • You can have attorney present
   • You can subpoena and cross-examine officer
   • Limited scope - only addresses probable cause, lawful arrest, and test validity
5. Hearing outcome:
   • If you win: Suspension invalidated, license reinstated
   • If you lose: Suspension upheld and begins immediately

What If I Don't Request Hearing?

• 10-day temporary permit expires
• Suspension becomes effective on day 11
• No opportunity to challenge suspension administratively
• Must serve full suspension period before eligible for hardship license

Business Purpose Only (BPO) Hardship License

Eligibility for Hardship License

After serving hard suspension period, you can apply for hardship license:

First DUI (Failed or Blew 0.08%+)

• Hard suspension: 30 days (no driving at all)
• After 30 days: Eligible for BPO hardship license for remaining suspension
• Requirements:
  • Complete 12-hour DUI school
  • Substance abuse evaluation and treatment enrollment (if recommended)
  • Pay reinstatement fee: $475
  • Obtain SR-22 insurance
  • Apply with DHSMV

First DUI (Refusal)

• Hard suspension: 90 days (no driving at all)
• After 90 days: Eligible for BPO hardship license for remaining suspension
• Requirements: Same as above plus possible ignition interlock

Second DUI within 5 Years

• Hard suspension: 12 months (no driving at all)
• After 12 months: Eligible for BPO hardship license for remaining suspension
• Ignition interlock: Required for duration of hardship license

Second DUI more than 5 Years from First

• Hard suspension: 30 days
• After 30 days: Eligible for BPO with ignition interlock

What Can You Drive For with BPO License?

Business Purpose Only license allows driving for:

• Employment or business purposes
• Educational purposes (to/from school)
• Church attendance
• Medical appointments or treatment for self or family
• DUI program attendance
• Court-ordered community service

NOT allowed: Pleasure driving, social events, non-essential errands

Ignition Interlock Device (IID) Requirements

When IID is Required

Mandatory IID:

• First DUI with BAC 0.15%+ or minor in vehicle: Minimum 6 months
• Second DUI: Minimum 12 months (24 months if BAC 0.15%+ or minor)
• Third DUI: Minimum 24 months
• Fourth+ DUI: Minimum 24 months
• Second DUI within 5 years: Required for hardship license

Voluntary IID:

• First-time offenders may voluntarily install IID to potentially reduce suspension or penalties

Florida IID Requirements

• Must be installed by DHSMV-approved vendor
• Breath sample required to start vehicle (BAC must be under 0.025%)
• Random rolling retests while driving (every 15-45 minutes)
• Camera-equipped devices required (photographs driver during each test)
• Monthly calibration and data downloads required
• All violations (failed tests, tampering, missed calibration) reported to DHSMV
• Violations can result in license re-suspension

IID Costs in Florida

• Installation: $70-$150
• Monthly lease/monitoring: $70-$125
• Calibration: Included in monthly fee (some vendors)
• Removal: $50-$100
• Total for 12 months: $990-$1,700

DUI School and Treatment

DUI School Requirements

First Offense - 12-Hour DUI Program:

• Level 1 DUI Program (12 hours)
• Must be completed by state-licensed DUI school
• Cost: $250-$350
• Required for hardship license eligibility
• Topics: Effects of alcohol/drugs, Florida laws, consequences

Second Offense - 21-Hour Advanced DUI Program:

• Level 2 Advanced DUI Program (21 hours)
• More intensive than first-offense program
• Cost: $350-$500

Third+ Offense - Extended Treatment:

• May require Level 3 or Level 4 substance abuse treatment
• Can range from outpatient to inpatient treatment
• Duration depends on clinical evaluation

Substance Abuse Evaluation

• Required for all DUI convictions (Fla. Stat. § 316.193(6))
• Conducted by licensed evaluator
• Determines if treatment is needed beyond DUI school
• Must follow all treatment recommendations for license reinstatement
• Cost: $75-$200 for evaluation; treatment costs vary

Florida Implied Consent Law

Fla. Stat. § 316.1932 establishes implied consent:

What is Implied Consent?

By operating a vehicle in Florida, you automatically consent to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI.

Consequences of Refusal

First Refusal:

• 12-month license suspension (administrative)
• 90-day hard suspension before hardship eligibility
• Refusal admissible as evidence at trial
• No criminal penalty for first refusal

Second+ Refusal:

• 18-month license suspension (administrative)
• First-degree misdemeanor criminal charge (Fla. Stat. § 316.1939)
• Up to 12 months jail for refusal charge alone
• Refusal admissible as evidence

Should You Refuse Testing?

This is a complex decision with no universally correct answer:

Reasons to Take Test:

• Avoid additional 12-month refusal suspension
• Avoid 90-day hard suspension (vs 30-day for test)
• Second refusal is separate criminal charge
• Refusal can be used against you at trial ("consciousness of guilt")
• Can still challenge BAC results with expert witnesses

Reasons to Refuse:

• No BAC number for prosecution to use
• State must prove impairment without chemical test (harder)
• BAC test results are powerful evidence
• Cannot be forced to take test (absent warrant)

Your Rights During DUI Stop

During Traffic Stop

• You must: Provide driver's license, registration, and insurance
• You have right to: Remain silent (you do not have to answer questions)
• You do NOT have to: Answer "where are you coming from?" or "have you been drinking?"
• You do NOT have to: Perform field sobriety exercises - these are VOLUNTARY in Florida
• You do NOT have to: Take roadside preliminary breath test (PBT) - VOLUNTARY
• Polite non-compliance: "Officer, I respectfully decline to answer questions/perform exercises without my attorney."

After Arrest - Implied Consent

• Officer must read Implied Consent warning
• You must decide whether to submit to breath, blood, or urine test
• Officer chooses which test to offer (usually breath)
• Refusal has automatic 12-month suspension + 90-day hard suspension
• Second refusal = criminal charge (first-degree misdemeanor)

Right to Attorney

• No right to attorney before deciding on breath test (Florida courts have held no right to counsel during implied consent decision)
• You can request attorney but officer not required to wait
• Right to attorney applies after booking for criminal proceedings

Lookback Periods in Florida

5-Year Lookback for Mandatory Penalties

• Second DUI within 5 years of first triggers mandatory minimums
• Mandatory 10 days jail (48 hours consecutive)
• Mandatory 5-year license revocation
• Measured arrest date to arrest date

10-Year Lookback for Felony DUI

• Third DUI within 10 years of second = Third-degree felony
• Triggers mandatory 30-day jail minimum
• 10-year minimum license revocation
• Measured conviction date to arrest date

Lifetime Tracking

• Florida tracks all DUI convictions for life
• Fourth DUI (regardless of time span) = Third-degree felony
• DUIs never "fall off" your record
• Cannot be expunged or sealed

Total Cost of First DUI in Florida

Note: Costs can be significantly higher if BAC was 0.15%+ or minor was in vehicle.

Frequently Asked Questions

What is the 10-day rule for Florida DUI?

After a DUI arrest in Florida, you have only 10 CALENDAR days (not business days) to request a formal review hearing with DHSMV to challenge your administrative license suspension. This deadline starts the day after your arrest. If you don't request a hearing within 10 days, your license suspension becomes permanent with no opportunity to contest it. This is the single most critical deadline in a Florida DUI case.

Can I refuse a breathalyzer in Florida?

Yes, you can refuse testing, but there are serious consequences. First refusal triggers automatic 12-month license suspension with 90-day hard suspension (no driving at all) before you're eligible for a hardship license. Second or subsequent refusal is a first-degree misdemeanor criminal charge with up to 12 months jail, plus 18-month license suspension. Your refusal can also be used against you in court as evidence of guilt.

How long does a DUI stay on your record in Florida?

A DUI conviction stays on your criminal record permanently in Florida. DUI convictions cannot be expunged or sealed under Florida law. For driver's license purposes, DUI convictions remain on your driving record forever. Florida tracks all DUI convictions for life - even a DUI from 20+ years ago will count toward making a future DUI a higher offense (fourth DUI is automatically a felony regardless of time span).

What is a hardship license in Florida?

A hardship license (officially called "Business Purpose Only" or BPO license) is a restricted license that allows you to drive for specific purposes after serving a hard suspension period. For first DUI, you can apply after 30 days (90 days if you refused testing). The BPO license allows driving only for work, school, church, medical appointments, DUI program, and court-ordered activities - NOT for pleasure or social driving.

Is jail time mandatory for first DUI in Florida?

Jail time is possible (up to 6 months, or up to 9 months if BAC was 0.15%+ or minor in vehicle) but not strictly mandatory for first offense DUI in Florida. Many first-time offenders receive probation instead of jail. However, judges have discretion to impose jail time, especially with aggravating factors like high BAC, accident, or refusal. An experienced DUI attorney can often negotiate probation-only disposition for first offense.

How much does a first DUI cost in Florida?

Total costs for first DUI in Florida typically range from $7,500 to $24,000 when including fines ($500-$1,000), attorney fees ($2,500-$10,000), DUI school ($250-$350), license reinstatement ($475), ignition interlock if required ($990-$1,700), increased insurance (SR-22), treatment programs, and impound fees. Costs are significantly higher if BAC was 0.15%+ or a minor was in the vehicle.

Can I get my DUI reduced to reckless driving in Florida?

Possibly. Prosecutors can reduce DUI to reckless driving (often called "wet reckless") through plea negotiation. This typically happens when the state's case has weaknesses (borderline BAC, improper procedures, questionable stop). Benefits include avoiding mandatory DUI penalties, shorter license suspension, lower insurance impact, and no ignition interlock. However, a wet reckless still counts as a prior DUI for sentencing purposes if you get another DUI within certain lookback periods.