Florida DUI Laws - The Price of Drinking & Driving
Source: Florida Dept. of Highway Safety and Motor Vehicles
Under Section 316.1934, Florida Statute, it is unlawful to drive when a person’s normal faculties are impaired or when their blood-alcohol or breath-alcohol level is .08 or higher. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
The penalty for a FIRST DUI conviction is:
- A fine of $250 to $500
- Imprisonment for up to six months
- Monthly reporting probation period (the total period of imprisonment plus probation may not exceed on year)
- Community-service work, with a minimum of 50 hours served
- Completion of an approved substance-abuse education course conducted by a DUI program licensed by the Department of Highway Safety and Motor Vehicles
- Revocation of the driver’s license for at least 180 days and up to one year
- Impoundment of the vehicle that was operated by the defendant for 10 days
SECOND conviction for DUI:
- A fine between $500 to $1,000
- If within 5 years of a previous conviction, a minimum 5 years revocation of driver’s license
- Imprisonment for not more than 9 months
- Completion of an approved substance-abuse education course conducted by a DUI program licensed by the DHSMV
- Installment of an ignition interlock device on all vehicles owned, leased, and routinely operated by the offender for a period of one year
THIRD conviction for DUI within 10 years of the prior convictions:
- Requires a fine between $2,000 and $5,000
- Defendant is guilty of a third-degree felony
- Mandatory imprisonment of at least 30 days
- Minimum 10 years revocation of driver’s license
- An ignition interlock device will be placed on all vehicles owned, leased, and routinely operated by the offender for a period of two years when the person becomes eligible for a license
- Impoundment of all vehicles owned by the defendant for 90 days
THRID conviction for DUI not within 10 years
- Requires a fine between $1,000 and $2,500
- Imprisonment for not more than 12 months
- An ignition interlock device will be placed on all vehicles owned, leased, and routinely operated by the offender for a period of at least two years when the person becomes eligible for a license
FOURTH conviction for DUI:
- Is guilty of a third-degree felony
- Imprisonment for not more than 5 years
- The offender’s license is permanently revoked, with no chance for a hardship hearing
- The fine imposed may not be less than $1,000
Florida’s Zero Tolerance Law - Simple answers to common questions!
Here are some simple answers to common questions about Florida’s Zero Tolerance Law for driver’s under the age of 21. The law is found in Section 322.2616, Florida Statutes.
What is the unlawful breath-alcohol level for a driver under age 21?
It is illegal for anyone under age 21 to drink alcoholic beverages. However, the Florida Legislature set the illegal breath alcohol level at .02 grams of alcohol per 210 liters of breath so that drivers under age 21 can take small amounts of medication containing alcohol would not lose their licenses.
How much can I drink before I reach .02?
Everyone’s body reacts differently to alcohol. Some people will reach .02 after drinking less than 12 ounces of a beer or a wine cooler.
Can I be arrested for DUI if I am under age 21?
Yes, if you are driving under the influence to the extent that your normal faculties are impaired or your breath-alcohol level is above .08, you can be arrested for DUI.
Will I be arrested for violating the Zero Tolerance Law?
No.
Will I lose my license if I am caught driving with a breath-alcohol level above .02?
Yes.
How long will I lose my license?
For a first offense, it will be suspended for at least six months.
Will my parents be called?
If you are under age 18, yes.
Will I be fined for violating the Zero Tolerance Law?
No, but you will have to pay a fee to get your license reinstated.
Will my insurance rates go up?
Probably.
Will I have an illegal breath alcohol level if I take cough syrup or other medication containing alcohol?
If you follow the directions, most medications will be not produce an .02 level. But, some medications contain other drugs that impair. You should not drive after taking a medicine that causes drowsiness.
DRUNK DRIVING IS NOT A VICTIMLESS CRIME!
A DUI CONVICTION STAYS ON YOUR CRIMINAL RECORD IN FLORIDA FOR LIFE!
AVOID ALCOHOL & OTHER DRUGS, ALWAYS BUCKLE UP AND NEVER RIDE WITH AN IMPAIRED DRIVER!
