How much do you have to drink (BAC*) for a DUI in Florida?
| Under 21 | .02% |
| 21 or older | .08% |
| Commercial | .04% |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
What if you refuse to take a chemical test in Florida?
Florida has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Florida’s implied consent law.
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| 1st Offense | 2d Offense | 3rd Offense |
| Refusal to take test | 1 year license suspension | 18 month license suspension | 18 month license suspension |
What is the minimum jail time?
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| 1st Offense | 2d Offense | 3rd Offense |
| Minimum Jail | No minimum jail term | 10 days jail | 30 days jail |
Lookback Period: 5 years for a Second offense, 10 years for a third offense (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)
Can you plead to a lesser offense than DUI in Florida?
In some circumstances, a plea bargain of "wet reckless" might be accepted by the prosecution in Florida. A "wet reckless," or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. A plea bargain of wet reckless might occur when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. But if there is a subsequent drunk driving conviction, the "wet reckless" is usually considered a prior drunk driving conviction; the resulting sentence can be what's required for a second DUI/DWI conviction. If you are interested in trying to make a plea for a wet reckless, you'll need the help of a lawyer.
1st Florida DUI Offense
First Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
- Jail – 6 Months Maximum (BAL from .08 to less than .15)
- Jail - 9 Months Maximum (BAL above .15)
- Fine – From $500 to $1,000 (BAL from .08 to less than .15)
- Fine – From $1,000 to $2,000 (BAL above .15) or Minor in Vehicle
- License – Suspended from 180 Days to 1 Year
- Hardship Reinstatement – Complete DUI School Prior to Hardship Application
- Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
- Community Service Fine - $10 for Each Hour of Community Service Required
- Community Service – 50 Hours
- Treatment Program May Be Allowed in Lieu of Imprisonment
- Vehicle Impound – 10 Days
More Information: First Offense DUI in Florida
Important Note from the Editor
We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.
2nd Florida DUI Offense
Second Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
- Jail - 9 Months Maximum (BAL from .08 to less than .15)
- Jail - 12 Months Maximum (BAL above .15) or Minor in Vehicle
- Jail – Mandatory 10 Days (If within 5 years of Previous DUI)
- Fine – From $1,000 to $2,000 (BAL From .08 to less than .15)
- Fine – From $2,000 to $4,000 (BAL Above .15) or Minor in Vehicle
- License – Suspended for 5 Years (If within 5 years of previous)
- License Suspension – Eligible for Hardship Reinstatement after 1 Year
- Hardship Reinstatement - Complete DUI School
- Ignition Interlock Device – Required for 1 Year (BAL from .08 to less than .15)
- Ignition Interlock Device – Required for 2 Years (BAL above .15)
- Vehicle Impound – 30 Days (If within 5 years of previous)
More Information: Second Offense DUI in Florida
3rd Florida DUI Offense
Third Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
- Third Degree Felony (If Within 10 Years)
- Jail – Up to 12 Months
- Jail – Mandatory 30 Days (If 3rd Conviction within 10 Years)
- Fine – From $2,000 to $5,000 (BAL from .08 to less than .15)
- Fine –$4,000 Minimum (BAL above .15) or Minor in Vehicle
- License – Suspended for 10 Years (If 3rd Conviction within 10 Years)
- License Suspension – Eligible for Hardship Reinstatement after 2 Years
- Hardship Reinstatement - Complete DUI School
- Ignition Interlock Device - Required for 2 Years
- Vehicle Impound – 90 Days (If 3rd Conviction within 10 Years)
More Information: Third Offense DUI in Florida
4th Florida DUI Offense
Fourth Drunk Driving Conviction
- Fine - $2,000 Minimum
- Jail – Up to 5 Years
- License – Suspended For Life – No Hardship Reinstatement
New Florida DUI Laws
In 2010, Florida reduced penalties for four-time offenders if certain requisites are met. These requirements include a 10-year waiting period with no driving for the 10-year period and no manslaughter in the original charge. Restricted driving privileges will be imposed during the first year. Also, the defendant must participate in an alcohol treatment program within the first six-month period from the time the license is reinstated.
Drinking and Driving Laws in Florida
Florida Drunk Driving and Wet Reckless Laws - Nolo.com
The State of Florida drunk driving laws prohibits driving any type of vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 percent BAC limit is the standard measurement used across the United States for the "impaired" driver. This limit is lower for drivers of commercial vehicles (.04%) and virtually non-existent for drivers under the age of 21 (.02%).
How many drinks does it take to reach the legal limit in Florida?
There really isn't a magic formula that can calculate exactly how much you can drink before you become legally impaired. It is safe to say that for every drink you take, your level of impairment increases. There have been studies that have shown that you blood alcohol concentration level goes up approximately .05 percent for each drink taken. In fact, it takes very little alcohol to become legally drunk.
The best answer is not to drink and drive . The State of Florida has strict laws for drunk driving, and when you drink and drive in Florida, you risk your freedom, finances and your future.
A first time conviction of drunk driving in Florida will result in up to 6 months in jail. If a minor was in the vehicle at the time of the arrest, or if the driver had a BAC of .15 percent or higher, a sentence of no more than 9 months in jail will be issued. Unless the family of the DUI has no other means of transportation the vehicle will be impounded for 10 days. The convicted driver will also receive a fine of no less than $500 and no more than $1,000. If the driver's BAC was .15 percent or higher or there was a minor in the vehicle the fine will be no less than $1000 and no more than $2,000. A drivers license suspension of 6 months. You will also need to do 50 hours of community service or pay $10 for every hour of community service given. You must also complete DUI school as directed by the court.
A second drunk driving conviction in Florida will result in up to 9 months in jail. If a minor was in the vehicle at the time of the arrest, or the driver had a BAC of .15 percent or higher, a sentence of no more than 12 months in jail will be issued. If the second conviction of drunk driving is within 5 years of the first, the driver must be imprisoned for 10 days mandatory, 48 hours of the confinement must be consecutive. Unless the family of the convicted driver has no other means of transportation the vehicle will be impounded for 30 days. The convicted driver will also receive a fine of no less than $1,000 and no more than $2,000. If the driver's BAC was .15 percent or higher or there was a minor in the vehicle the fine will be no less than $2,000 and no more than $4,000. If within 5 years, a minimum drivers license suspension of 5 years. If eligible, a hardship reinstatement will may be issued after 1 year. You must also complete DUI school as directed by the court.
A third drunk driving conviction in Florida will result in up to 12 months in jail, 30 days of the jail sentence is mandatory and 48 hours must be served consecutively. Unless the family of the convicted driver has no other means of transportation, the vehicle will be impounded for 90 days. The convicted driver will also receive a fine of no less than $2,000 and no more than $5,000. If the driver's BAC was .15 percent or higher, or a minor was in the vehicle during the DUI, the fine will be no less than $4,000. A minimum drivers license suspension of 10 years. If eligible, a hardship reinstatement will may be issued after 2 years.
A fourth drunk driving conviction will result in up to 5 years in jail as provided in the State of Florida statutes as a habitual offender. On your fourth drunk driving conviction, your license will be revoked for life, without any possibility of receiving a hardship reinstatement. The fine will be no less than $2,000.
Drunk Driving Laws in Florida
State of Florida BAC Laws:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in the State of Florida
The implied consent law in Florida means that all drivers holding a valid Florida drivers license agree to submit to a chemical test when they are suspected of a DUI. If you refuse to submit to a chemical test, that refusal is evidence in a DUI criminal proceeding. Your drivers license will be suspended for 1 year the first refusal and 18 months for subsequent refusals. In some cases such as DUI's that include injury or death, your blood may be forcibly taken by reasonable force by the arresting officer.
State of Florida Website - More Information on Florida DUI Laws
