Understanding DUI Law in Florida
At Reese Legal, we represent individuals charged with driving under the influence throughout Florida. DUI law affects more people than many realize, and the consequences can reach far beyond a night in jail or a temporary license suspension. A DUI conviction can disrupt someone’s career, reputation, and long-term future.
Florida has some of the strictest DUI laws in the country. Even a first offense can lead to serious penalties, including fines, probation, and loss of driving privileges. If there’s an accident involved, or if someone has prior offenses, the stakes rise quickly.
In this article, we explain how DUI law works in Florida, what people can expect after an arrest, and how we help clients protect their rights.
What Qualifies as a DUI in Florida?
Under Florida Statutes Section 316.193, a person commits a DUI when they are driving or in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent their normal faculties are impaired.
A person is also considered to be driving under the influence if they have a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, Florida applies a zero-tolerance policy at 0.02%.
It’s important to note that DUI law in Florida doesn’t just apply to alcohol. Driving under the influence of prescription medication or illegal substances can also lead to a DUI arrest, even if no alcohol was consumed.
What Happens After a DUI Arrest?
Most DUI cases in Florida begin with a traffic stop. If law enforcement suspects impairment, they may ask the driver to perform field sobriety exercises or submit to a breathalyzer test. Refusing to take a chemical test can result in an automatic license suspension, even before a court decides guilt or innocence.
After the arrest, the individual is taken to jail and typically released on bond or their own recognizance. At this point, DUI law in Florida sets strict deadlines for preserving rights and contesting penalties.
One of the most important early steps is requesting a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge the administrative suspension of the driver’s license.
This request must be made within 10 days of the arrest. Missing this deadline can lead to a longer suspension with fewer options for reinstatement.
DUI Penalties in Florida
Florida’s DUI law sets out penalties that increase with each offense or if there are aggravating circumstances. These penalties can include:
Fines
Jail time
License suspension
Community service
Vehicle impoundment
Mandatory DUI school
Installation of an ignition interlock device
The court may also require drug and alcohol counseling or evaluation. A DUI conviction creates a permanent criminal record, which can affect job opportunities, insurance rates, and even housing.
Florida DUI Penalties by Offense
To give a clearer picture of what someone might face under Florida DUI law, here’s how the penalties break down based on the number of prior offenses:
First Offense
Fine: $500 to $1,000
Jail: Up to 6 months
License suspension: 180 days to 1 year
Ignition interlock: Optional
DUI school: Mandatory
Community service: 50 hours
Second Offense (within 5 years)
Fine: $1,000 to $2,000
Jail: Up to 9 months (mandatory 10 days if within 5 years of first offense)
License suspension: 5 years
Ignition interlock: At least 1 year
Vehicle impoundment: 30 days
Third Offense (within 10 years)
Felony charge
Fine: $2,000 to $5,000
Jail: Up to 5 years (mandatory 30 days if within 10 years of second offense)
License suspension: 10 years
Ignition interlock: At least 2 year
Fourth or Subsequent Offense
Felony charge
Fine: At least $2,000
Jail: Up to 5 years
Permanent license revocation
Aggravating factors—such as having a minor in the vehicle, causing property damage, or causing injury—can increase penalties substantially. DUI law in Florida gives judges little flexibility when these factors are involved.
DUI and Drug-Related Offenses
DUI law in Florida also applies to impairment by substances other than alcohol. This includes controlled substances, over-the-counter medications that affect the central nervous system, and prescription drugs that impair judgment or coordination.
Unlike alcohol-related DUIs, where breath tests can establish BAC, drug-related DUI cases often rely on blood or urine tests, observations by officers, and field sobriety exercises. These cases can be harder for the prosecution to prove but still carry serious consequences.
License Suspension and Reinstatement
Administrative license suspension begins immediately after a DUI arrest if the driver fails a chemical test or refuses one. Florida allows for a hard suspension followed by a business purposes only license in some cases.
A first-time offender who does not contest the suspension may apply for a hardship license right away by enrolling in DUI school. However, if the driver requests a formal review hearing and loses, they may face a 30-day hard suspension before becoming eligible for a hardship license.
Reinstating a license after suspension requires completing DUI school, paying reinstatement fees, and possibly installing an ignition interlock device. Multiple offenses lead to longer suspensions or even permanent revocation.
DUI and Employment Consequences
A DUI conviction can affect employment, especially for those who drive for work or hold professional licenses. Employers often run background checks, and DUI charges may trigger disciplinary action from licensing boards or professional associations.
At Reese Legal, we understand how much is at stake. That’s why we look at every angle of the case, from the legality of the traffic stop to the reliability of test results. We know how to raise constitutional challenges and examine whether law enforcement followed proper procedures.
DUI Law and Plea Options in Florida
Not every DUI case goes to trial. In some instances, we may pursue alternative outcomes that reduce or eliminate some of the penalties. Florida law allows certain first-time DUI offenders to enter pre-trial diversion programs in some counties. Successful completion can result in reduced charges or dismissal.
Even when diversion isn’t available, we work to reduce charges from DUI to reckless driving—a lesser offense that avoids the stigma of a DUI conviction and may offer better long-term outcomes. These negotiations depend on the strength of the evidence and the facts of the case.
Defending Against a DUI Charge
DUI law may seem one-sided, but those charged with a DUI have important rights. We examine every detail of the stop, arrest, and testing process to find legal and factual issues that can benefit the defense. Common defenses include:
Unlawful traffic stop
Improper field sobriety tests
Inaccurate breathalyzer results
Faulty or contaminated blood/urine samples
Medical conditions that mimic impairment
Mishandled evidence
Even when the evidence seems strong, we often find ways to challenge parts of the case that cast doubt on guilt or reduce penalties. Every DUI case deserves careful attention and a personalized approach.
What To Do After a DUI Arrest
If you’re arrested for DUI in Florida, time matters. Acting quickly can make a difference in how your case is handled and whether you keep your driving privileges. The most important first steps include:
Requesting a formal review hearing within 10 days
Documenting everything you remember about the stop and arrest
Avoiding discussions about the case on social media
Contacting a law office with experience in DUI law
At Reese Legal, we treat every case with the seriousness it deserves. We know the impact a DUI arrest can have, and we work hard to protect your future.
Final Thoughts
At Reese Legal, we help clients facing DUI charges understand their options and fight for fair outcomes. We’re proud to serve Orlando, Florida, and the surrounding areas. Call today to get started.