What happens if I get a DUI/DWI in Florida?

Florida's DUI statute is among the strictest in the country, with mandatory minimums and aggressive prosecution by the State Attorney's Office.

1. Per Se BAC Standard

Fla. Stat. § 316.193(1) prohibits driving (or being in actual physical control of) a vehicle while impaired or with a BAC of 0.08% or higher. Commercial drivers face a 0.04% limit under § 322.62, and the under-21 zero tolerance threshold is 0.02% under § 322.2616.

2. Implied Consent

Fla. Stat. § 316.1932 deems any driver to have consented to breath, blood, or urine testing. A first refusal triggers a 1-year license suspension; a second refusal is a first-degree misdemeanor with an 18-month suspension under § 316.1939.

3. First-Offense Penalties

First DUI: up to 6 months jail (9 months if BAC 0.15%+ or minor in vehicle), $500-$1,000 fine, 50 hours community service (or buy-out at $10/hour), 1 year probation, vehicle impoundment 10 days, and 180-day to 1-year license revocation under § 322.28. Ignition interlock mandatory for 6 months if BAC 0.15%+.

4. Enhancements

Third DUI within 10 years is a third-degree felony (5 years prison); fourth DUI lifetime is a third-degree felony regardless of timing under § 316.193(2)(b). DUI manslaughter (§ 316.193(3)(c)(3)) is a second-degree felony with a 4-year mandatory minimum.

5. Administrative License Suspension (ALS)

The officer issues a 10-day temporary driving permit. You must request a formal review hearing with the FLHSMV within 10 days to challenge the suspension, or it takes effect automatically (6 months for first BAC violation, 1 year for refusal).

6. Court Process

First appearance within 24 hours, arraignment, pretrial discovery, motions to suppress (Fla. R. Crim. P. 3.190), plea negotiations, and jury trial of 6 jurors.

7. Long-Term Consequences

FR-44 insurance (Florida's higher-limit version of SR-22) for 3 years, federal CDL disqualification (49 C.F.R. § 383.51), and DUI convictions cannot be sealed or expunged under § 943.0585.

This is legal information, not legal advice.