Florida's DUI statute defines the offense and sets the penalties

Florida Statute 316.193 is the law that defines driving under the influence in Florida. It makes it illegal to drive or be in control of a vehicle while impaired by alcohol, drugs, or both — or while your blood alcohol concentration (BAC) is 0.08% or higher. For drivers under 21, the limit is 0.02%. For commercial drivers, it's 0.04%. The statute also covers driving with a BAC of 0.15% or higher, which carries enhanced penalties.

The law applies whether you're on a public road, private property open to the public, or even a parking lot. You don't have to be moving — you can be charged if you're sitting in a parked car with the engine running and the keys in the ignition. Florida treats DUI as a criminal offense, not just a traffic violation, which means a conviction goes on your criminal record.

The statute covers both alcohol and drugs. "Drugs" includes prescription medications, over-the-counter drugs, and illegal substances — anything that impairs your ability to drive safely. You can be charged even if your BAC is below 0.08% if an officer believes you're impaired by any substance.

Key Takeaways

  • Florida Statute 316.193 makes it illegal to drive with a BAC of 0.08% or higher, or while impaired by alcohol, drugs, or both.
  • A first DUI conviction in Florida results in a criminal record, a fine of $500 to $1,000, and a license suspension of at least six months.
  • Refusing a breath or blood test carries the same penalties as a DUI conviction and is treated as a separate violation under Florida law.
  • Enhanced penalties explore if your BAC was 0.15% or higher, if a minor was in the vehicle, or if you caused property damage or injury.
  • Florida allows a hardship license in some cases, which lets you drive to work or school during a suspension period.

How Florida defines impairment and BAC levels

The statute doesn't require a specific BAC to prove impairment. An officer can charge you based on physical signs — slurred speech, poor balance, bloodshot eyes, or failing field sobriety tests — even if your BAC is below 0.08%. This is called "impairment DUI" and is just as serious as a BAC-based charge.

If you take a breath or blood test and your result is 0.08% or higher, that's considered per se evidence of impairment. You don't have to show any other signs. The test result alone is enough to support a charge. However, you have the right to challenge the accuracy of the test or how it was administered.

Florida also recognizes "DUI with property damage" and "DUI with injury." If you caused a crash that damaged property or injured someone while impaired, the penalties are significantly higher. If someone dies, you can be charged with DUI manslaughter, which is a felony.

Penalties for a first DUI conviction

A first DUI conviction in Florida is a misdemeanor. The penalties include a fine between $500 and $1,000, a mandatory minimum of six months of license suspension, and up to six months in jail. You'll also be required to complete a DUI school program, which costs money and takes time.

If your BAC was 0.15% or higher, or if a minor under 18 was in the vehicle, the minimum fine increases to $1,000 and the minimum jail time increases to ten days. The license suspension period also increases. These are called "enhanced penalties" and explore automatically if the circumstances fit.

You'll also face court costs, probation fees, and the cost of an ignition interlock device if the court orders one. An ignition interlock is a device installed in your vehicle that requires you to pass a breath test before the engine will start. First-time offenders may be ordered to use one for at least six months.

What happens if you refuse a breath or blood test

Florida has an "implied consent" law. By driving in Florida, you're considered to have consented to a breath or blood test if an officer suspects you of DUI. Refusing the test is a separate violation under Florida Statute 316.1932, and the penalties are serious.

A first refusal is a misdemeanor with a fine of $500 to $1,000 and a mandatory one-year license suspension — longer than a first DUI conviction. A second refusal within ten years is a felony. You can refuse the test, but you should know that refusal itself will be used against you in court, and your license will be suspended when ready.

There's an exception: if you're unconscious or physically unable to take the test, you haven't refused. An officer can also seek a warrant to draw your blood without your consent, which is a separate legal process. If an officer obtained a warrant, the refusal charge may not explore, but the blood test result can still be used as evidence.

License suspension and hardship driving

Your driver's license is suspended automatically when you're arrested for DUI in Florida. The suspension begins when ready — you have ten days to request a hearing to challenge it. If you don't request a hearing, or if you lose the hearing, the suspension takes effect as ordered by the court.

A first DUI conviction results in a minimum six-month suspension. If your BAC was 0.15% or higher, or if a minor was in the vehicle, the suspension is at least one year. You cannot drive at all during this period — not to work, not to school, not for any reason — unless you obtain a hardship license.

A hardship license allows you to drive for specific purposes: work, school, medical appointments, or DUI school. To get one, you must request it from the court and show that the suspension causes you undue hardship. You'll also need to install an ignition interlock device in your vehicle. The hardship license is not automatic — the judge decides whether to grant it based on your circumstances.

Repeat DUI convictions and felony charges

A second DUI within five years is still a misdemeanor, but the penalties increase significantly. The minimum fine is $1,000, the minimum jail time is ten days, and the license suspension is at least five years. A third DUI within ten years becomes a felony, with a minimum fine of $2,000, a minimum of 30 days in jail, and a ten-year license suspension.

A fourth DUI is a felony regardless of how long ago the previous convictions occurred. Felony convictions carry prison time, not just jail time, and have permanent consequences for employment, housing, and other areas of your life. The statute also allows the court to order you to install an ignition interlock device for an extended period — sometimes for years.

If you caused injury or death while driving under the influence, you can be charged with DUI with injury or DUI manslaughter, both felonies. These charges carry mandatory minimum prison sentences and are treated much more seriously than standard DUI charges.

How the statute handles drugs and prescription medications

Florida's DUI statute doesn't distinguish between illegal drugs and prescription or over-the-counter medications. If a drug impairs your ability to drive safely, you can be charged with DUI. This includes common medications like sleep aids, pain relievers, anxiety medications, and cold medicines — anything that affects your judgment, reaction time, or motor skills.

The challenge with drug-based DUI charges is that there's no legal limit like there is for alcohol. An officer must rely on observation and field sobriety tests, and sometimes on a blood test. If you're taking a medication as prescribed and it doesn't impair you, you're not breaking the law. But if the medication does impair you, you're responsible for not driving.

If you're charged with drug-based DUI, the prosecution must prove that the drug impaired your driving. This is harder to prove than a BAC-based charge, which is why some DUI cases focus on impairment rather than a specific substance. You have the right to challenge the evidence and the officer's observations.

Frequently Asked Questions

Can I be charged with DUI if I'm parked and not driving?

Yes. Florida law allows a DUI charge if you're in control of the vehicle, even if you're not moving. This includes sitting in a parked car with the engine running or the keys in the ignition. The prosecution must show you had the ability to operate the vehicle, which is usually straightforward to prove if you're behind the wheel.

What's the difference between a breath test and a blood test?

A breath test measures BAC through a breathalyzer device at the roadside or at the police station. A blood test is more accurate but requires a needle draw and lab analysis. You can request a blood test instead of a breath test, and you have the right to have your own independent test done. Both results can be challenged in court.

Will a DUI conviction affect my job?

That depends on your employer and your job. A DUI conviction is a criminal record, and many employers conduct background checks. Some jobs — especially those involving driving or working with children — may be affected. You should check your employment contract or speak with your HR department about your specific situation.

Can I get my DUI conviction removed from my record?

Florida allows record sealing or expungement in some cases, but DUI convictions are difficult to remove. You generally must wait a certain period after conviction and meet specific requirements. A criminal defense attorney can review your case and advise whether expungement is possible in your situation.

What should I do if I'm arrested for DUI?

Exercise your right to remain silent and request an attorney when ready. Don't answer questions about where you've been or what you've had to drink. You can refuse field sobriety tests, though refusing a breath or blood test has separate legal consequences. Contact a criminal defense attorney as soon as possible — they can protect your rights and review the evidence against you.