Florida DUI Laws & Penalties | 2025 DUI Charges Guide

Getting Started

If you’ve been arrested for a DUI in Florida, you’re facing both administrative and criminal proceedings. This guide provides general information about Florida’s DUI laws and procedures, but it’s not legal advice. For guidance specific to your situation, consult a qualified DUI attorney.

Important Note: While this page provides detailed information about Florida DUI laws, DUI.org does not offer legal advice. Laws can change, so consult a qualified DUI attorney for personalized guidance.

Definitions to Know

DUI (Driving Under the Influence)

Driving Under the Influence is Florida’s legal term for operating a vehicle while impaired by alcohol or drugs.

FR-44

FR-44 insurance in Florida is a type of high-risk auto insurance certificate required for drivers convicted of certain serious offenses, such as DUI. It proves that the driver carries higher-than-standard liability coverage.

IID (Ignition Interlock Device)

Ignition Interlock Device is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected.

Florida Department of Highway Safety and Motor Vehicles (FLHSMV)

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) handles the administrative aspects of DUI cases in Florida. They’re responsible for license suspensions, running administrative hearings, monitoring IID compliance, issuing restricted licenses, and verifying FR-44 insurance filings. You’ll interact with FLHSMV throughout the DUI process, from the initial administrative suspension to eventually reinstating your full driving privileges.

Steps to Take After DUI Arrest in Florida

Hire an Attorney
Legal counsel can help navigate both administrative and criminal processes.
License Suspension
Your license will be administratively suspended if you had a BAC of .08 or higher or refused testing.
Request an Administrative Hearing
If disputing a suspension, request a hearing with FLHSMV within 10 days of your arrest.
Apply for a Hardship License
If eligible, you may apply for limited driving privileges for business or educational purposes.
Install an IID
Required for certain offenses, installing an interlock device is mandatory for repeat offenders and first offenders with high BAC.
Explore IIDs
File an FR-44 Form
An FR-44 must be filed with the Florida DMV to provide proof of insurance coverage to reinstate or maintain driving privileges.
Complete Substance Abuse Evaluation
You’ll need to be assessed and complete any recommended treatment.
Pay DUI Fines and Fees
Expect to pay court fines from $500-$5,000 plus other fees, such as license reinstatement and state charges¹.
Complete DUI Education Program
Florida requires completion of a DUI education program.
Attend Court Proceedings
Your criminal case will proceed separately from administrative actions.
Probation
Probation terms may include regular check-ins and abstaining from alcohol or drugs¹.
Avoid Further Violations
Any new DUI or breaking license rules can lead to jail time and longer suspensions².

DUI Laws in Florida

What Are the Legal Driving Alcohol Limits in Florida?

In Florida, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear blood alcohol concentration (BAC) limits based on your age and license type. Police often use a breathalyzer to quickly check your Breath Alcohol Concentration (BrAC)¹.

Driver Category	Legal BAC Limit
Drivers over 21	0.08% or higher
Commercial Drivers	0.04% or higher
Drivers under 21	0.02% or higher

Felony vs Misdemeanor DUI Charges

In Florida, DUI charges can be classified as either misdemeanors or felonies depending on the circumstances and prior convictions¹.

Misdemeanor DUI

First DUI offense

Second DUI offense (if more than 5 years since first offense)

Second DUI offenese within 5 years (enchanced misdeameanor with mandatory penalties)

Felony DUI

Third DUI offense within 10 years of a prior conviction

Fourth or subsequent DUI offense (regardless of when prior offenses occurred)

DUI causing serious bodily injury

DUI manslaughter (causing death)

Felony DUI convictions carry much harsher penalties including longer jail/prison sentences, higher fines, longer license revocation periods, and potential vehicle forfeiture¹.

What Are Drunk Driving Diversion Programs in Florida?

Florida offers pretrial diversion programs in some counties for first-time DUI offenders with no aggravating circumstances¹. These programs typically involve:

DUI education and substance abuse treatment
Community service
Probation
Installation of an ignition interlock device
Regular drug and alcohol testing

Successfully completing a diversion program may lead to reduced charges (such as reckless driving instead of DUI). Eligibility is determined on a case-by-case basis by local prosecutors, and not all counties offer these programs¹.

Refusing a Chemical Test Under Florida DUI Law

Florida operates under “implied consent” law, meaning that by driving on Florida roads, you’ve agreed to chemical testing if arrested for DUI. Refusing a breath, blood, or urine test has serious consequences:

Offense	Consequence
First Refusal	1-year license suspension
Second or subsequent refusal	18-month license suspension plus misdemeanor criminal charge

These administrative suspensions are separate from any criminal penalties and take effect even if you’re not ultimately convicted of DUI.

DUI Penalties & Consequences

Penalties for DUI Offenses in Florida

Penalties for DUIs in Florida become progressively severe with each conviction¹:

First DUI

Jail Time: Up to 6 months (9 months with BAC ≥.15)

Fines: $500-$1,000 ($1,000-$2,000 with BAC ≥.15)

License Revocation: 180 days to 1 year

Other Requirements: 48-96 hours

Second DUI (within 5 years)

Jail Time: 10 days to 9 months (mandatory 10 days if within 5 years)

Fines: $1,000-$2,000 ($2,000-$4,000 with BAC ≥.15)

License Revocation: Minimum 5 years

Other Requirements: DUI School, IID for at least 1 year

Third DUI (within 10 years)

Jail Time: 30 days to 5 years (mandatory 30 days if within 10 years)

Fines: $2,000-$5,000

License Revocation: Minimum 10 years

Other Requirements: DUI School, IID for at least 2 years

Fourth or Subsequent DUI

Jail Time: Up to 5 years

Fines: Not less than $2,000

License Revocation: Permanent revocation

Other Requirements: Possible vehicle forfeiture

Aggravating Factors That Increase Colorado DUI Penalties

In Florida, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements like longer DUI education programs¹:

High BAC: Blood alcohol concentration of .15% or higher doubles fines and may extend IID periods
Minor in vehicle: Additional $1,000 fine, mandatory IID, higher jail time maximum
Accident causing property damage: First-degree misdemeanor (up to 1 year in jail)
Accident causing bodily injury: Third-degree felony (up to 5 years in prison)
DUI manslaughter: Second-degree felony (up to 15 years in prison)
DUI manslaughter with failure to render aid: First-degree felony (up to 30 years in prison)
Multiple prior convictions: Each additional conviction substantially increases penalties
Driving on suspended license: Enhances the severity of DUI charge
Open container violations: Additional penalties beyond standard DUI

Driving Without a Valid License

Driving while your license is suspended or revoked due to a DUI is a serious offense in Florida. If caught²:

First Offense

Second-degree misdemeanor (up to 60 days in jail, $500 fine)

Second Offense

First-degree misdemeanor (up to 1 year in jail, $1,000 fine)

Third Offense

Third-degree felony (up to 5 years in prison, $5,000 fine)

Additionally, getting caught driving on a suspended license will reset your suspension period and may result in your vehicle being impounded. These penalties make it extremely risky to drive before properly reinstating your license or obtaining a valid restricted license².

License Suspension

Who Determines if You Can Continue Driving After a DUI

In Florida, both the FLHSMV and the courts have roles in determining your driving privileges after a DUI²:

FLHSMV (Administrative)

Handles automatic administrative suspensions triggered by BAC test failure (.08% or higher) or test refusal
Processes applications for hardship licenses
Conducts administrative review hearings if requested within 10 days of arrest
Monitors compliance with IID requirements and FR-44 insurance filings

Courts (Criminal)

Impose mandatory license revocations upon conviction
Can order additional penalties beyond administrative suspensions
May grant permission for business or employment restricted licenses
Determine length of revocation based on prior offenses and circumstances

These two processes operate independently – you could win your criminal case but still face administrative suspension if you don’t request a hearing within 10 days of arrest.

How Long Will Your License Be Suspended?

Getting your license suspended in Florida means you are no longer allowed to drive a vehicle, unless you obtain a temporary or restricted license during your suspension. Here’s how long your regular license may be suspended for a DUI in Florida²:

Offense	License Suspension/Revocation Period
First DUI	180 days to 1 year
Second DUI within 5 years	Minimum 5 years (may apply for hardship after 1 year)
Third DUI within 10 years	Minimum 10 years (may apply for hardship after 2 years)
Fourth or subsequent DUI	Permanent revocation (no possibility of hardship license)

Steps to Reinstate Your License

Serve your full suspension or revocation period²
Complete DUI School and any recommended treatment program
Pay reinstatement fees ($45-$150 depending on suspension type)²
Provide proof of insurance via FR-44 form (required for 3 years)
Install an IID if mandated (periods vary from 6 months to permanent)
Pass the license re-examination if required²
Visit a FLHSMV service center in person with required documentation²

Restoring Your Driving Privileges

Florida offers pathways to regain limited driving privileges after a DUI suspension through different types of restricted licenses.

Eligibility for a Business/Employment Restricted Driver’s License

After a DUI suspension in Florida, you may be eligible for a restricted license that allows driving for limited purposes²:

First-time offenders: May apply for hardship license after completing DUI School
Multiple offenders: Must serve a “hard” suspension period before eligibility (1 year for 2nd offense within 5 years, 2 years for 3rd offense within 10 years)
Four or more DUI convictions: Permanently revoked with no hardship eligibility
Refusal suspensions: First-time refusal may apply after 90 days; second/subsequent refusals not eligible during the first 18 months

Restricted licenses allow driving for business, employment, educational, medical, and church purposes only. For specific eligibility requirements, visit your local FLHSMV office or their website.

How to Apply for Temporary Restricted Driver’s License

Enroll in and attend DUI School (must complete enrollment before applying)
Obtain an evaluation from the DUI program
Complete any recommended treatment
Apply for the restricted license at your local FLHSMV office
Pay administrative fees ($45 hardship license fee plus other applicable fees)²
Provide documentation of need (employment verification, school enrollment, etc.)
Show proof of FR-44 insurance filing
Install an IID if required for your offense
Pass vision and knowledge tests if required

Florida Ignition Interlock Device (IID) Requirements

Florida law mandates IIDs for many DUI offenders, with periods varying by offense:

First conviction with BAC .08-.14

Judge’s discretion

First conviction with BAC .15+ or minor in car

Mandatory minimum 6 months

Second conviction

Mandatory minimum 1 year

Second conviction with BAC .15+ or minor in car

Mandatory minimum 2 years

Third or subsequent conviction

Mandatory minimum 2 years

The IID prevents your vehicle from starting if it detects alcohol on your breath. You’ll be responsible for all costs associated with the device (approximately $70-$150 for installation and $60-$80 monthly for monitoring and calibration). Only FLHSMV-approved providers can install IIDs, and any attempt to tamper with or circumvent the device results in additional penalties.

Selecting the right ignition interlock provider can make a world of difference.

Find the Right Interlock Provider

FR-44 Insurance Requirements

After a DUI in Florida, you must maintain an FR-44 certificate of proof of financial responsibility for at least three years:

Filing process: Your insurance provider electronically submits an FR-44 form to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV)
Coverage requirements: Bodily injury liability ($100,000 per person / $300,000 per accident) and property damage liability ($50,000 per accident)
Costs: Insurance premiums typically increase significantly, often much more than standard policies, due to the higher coverage limits required by FR-44
Maintenance: The FR-44 must be maintained without any lapse for the entire required period, usually a minimum of three years
Consequences of lapse: Any lapse in FR-44 coverage results in immediate license suspension until coverage is reinstated and the FR-44 is refiled

The FR-44 serves as proof to FLHSMV that you maintain the higher minimum insurance coverage required after a DUI conviction. Any interruption in coverage is reported directly to FLHSMV by your insurer.

Let us help connect you to the right licensed insurance specialist for you.

Explore High-Risk Coverage Options

Substance Abuse Evaluation and Treatment

Florida requires DUI offenders to complete:

DUI School
A 12-hour Level I course for first offenders or a 21-hour Level II course for repeat offenders
Substance Abuse Evaluation
Professional assessment of potential substance abuse issues
Treatment Program
If recommended, based on evaluation findings (could range from brief education to extensive counseling)

You must use a licensed DUI program provider approved by FLHSMV for evaluation and education. The evaluation typically costs $35-$75, while treatment costs vary based on the recommended program length and intensity. Failure to complete these requirements prevents license reinstatement.

Young woman participating in a DUI education session

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

Sources

Florida Department of Highway Safety and Motor Vehicles. (n.d.). Florida DUI administrative suspension laws. https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/
Florida Department of Highway Safety and Motor Vehicles. (n.d.). DUI and IID. https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/
Florida Department of Highway Safety and Motor Vehicles. (n.d.). Driver license suspensions and revocations. https://www.flhsmv.gov/driver-licenses-id-cards/driver-license-suspensions-revocations/
Florida Department of Highway Safety and Motor Vehicles. (n.d.). Ignition interlock program. https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/ignition-interlock-program/
Florida Department of Highway Safety and Motor Vehicles. (n.d.). Licensed DUI programs in Florida. https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/licensed-dui-programs-florida/
Florida Department of Highway Safety and Motor Vehicles. (2007). SR-22 filing requirements [PDF file]. https://www.flhsmv.gov/pdf/frmanual/bulletin-12-19-07.pdf
Florida Department of Transportation. (n.d.). Impaired driving. https://www.fdot.gov/Safety/programs/impaired-driving.shtm
FindLaw. (n.d.). Florida DUI laws. https://www.findlaw.com/state/florida-law/florida-dui-laws.html
National College for DUI Defense. (n.d.). Florida DUI laws. https://www.ncdd.com/florida-dui-laws

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Florida DUI Laws: 2025 DUI Charges Guide