Florida DUI Laws: Penalties, BAC Limit & License (2026)

In Florida the offense is called driving under the influence (DUI), and Florida Statute 316.193 makes it unlawful to drive with a blood-alcohol or breath-alcohol level of 0.08 or more, or while impaired by alcohol or a controlled substance. A first DUI carries a fine of $500 to $1,000, up to six months in jail, probation, and a license revocation of at least 180 days.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Florida

Florida charges the offense as driving under the influence under Statute 316.193. The statute creates two paths: driving while normal faculties are impaired by alcohol or a chemical or controlled substance, or driving with a blood-alcohol or breath-alcohol level of 0.08 grams or more. Because the impairment prong does not require a specific number, a driver below 0.08 can still be convicted if the State proves impaired faculties. Commercial drivers face a 0.04 limit, and drivers under 21 fall under Florida's zero-tolerance law, which suspends the license for driving with a 0.02 or higher reading. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05, as the National Highway Traffic Safety Administration describes. A reading of 0.15 or more, or a minor in the vehicle, raises the mandatory penalties even on a first offense.

First-offense DUI penalties in Florida (jail, fines, suspension)

A first DUI is a misdemeanor. Under Section 316.193(2) and (6), the penalty is a fine of not less than $500 nor more than $1,000, imprisonment of not more than six months, probation not to exceed one year, and a minimum of 50 hours of community service (or an additional fine in lieu of unfinished hours). The court must also order completion of a DUI program substance-abuse course and a 10-day vehicle impoundment. If the BAC was 0.15 or higher or a minor was in the vehicle, the fine rises to $1,000 to $2,000 and jail exposure increases to up to nine months. A conviction revokes the driving privilege for at least 180 days up to one year, handled by the Florida DHSMV.

Watch out: The DHSMV administrative suspension and the criminal court case run on separate tracks. You can resolve or reduce the criminal charge and still lose your license through the DHSMV, and you generally must request a formal review hearing within 10 days of arrest to contest the administrative suspension.

Ignition interlock requirements in Florida

Florida does not require an ignition interlock device on a standard first DUI. Under Section 316.193(4), the device becomes mandatory for at least six continuous months when a first offender had a BAC of 0.15 or higher or was driving with a person under 18 in the vehicle. The court has discretion to order an IID for at least six continuous months on other first offenses, with no statutory cap on the term. For a second offense, the IID is mandatory for at least one year, and the required terms climb for later offenses. The Florida DHSMV administers the program, and the device requires a breath sample before the engine starts and at random intervals while driving. The driver pays for installation, monitoring, and removal.

License suspension and the administrative (ALS) process in Florida

Florida runs two suspension systems at once. The administrative suspension is an immediate DHSMV action based on the arrest, separate from the criminal court case. As the Florida DHSMV explains, a driver 21 or older who fails the test at 0.08 or more faces a six-month suspension on a first offense, while a driver who refuses faces a one-year suspension. The arresting officer issues a notice that serves as a 10-day temporary permit, after which the suspension takes effect unless the driver requests a formal review within 10 days. A driver who failed the test must serve 30 days hard with no driving before hardship eligibility, and a first refusal requires 90 days. A separate conviction-based revocation of 180 days to one year can follow. DUI school is required before any reinstatement.

Repeat offenses and the Florida look-back period

Florida uses two different windows for repeat DUIs. A second conviction within five years of a prior carries a mandatory minimum of 10 days in jail (at least 48 hours consecutive), a higher fine of $1,000 to $2,000, and a five-year license revocation, under Section 316.193. The felony threshold uses a 10-year window: a third DUI within 10 years of a prior is a third-degree felony, punishable by up to five years in prison and a 10-year revocation. A third conviction outside 10 years remains a misdemeanor with higher penalties. A fourth DUI is a third-degree felony regardless of timing. DUI causing serious bodily injury is a third-degree felony, and DUI manslaughter is a second-degree felony, both regardless of offense number.

Watch out: Refusing the test does not protect your license, and refusing is a crime in its own right. A first refusal triggers a one-year administrative suspension, longer than the six-month suspension for failing, and under Statute 316.1939 refusing a lawful breath or urine test is a second-degree misdemeanor on a first refusal and a first-degree misdemeanor on a second or subsequent refusal, which also carries an 18-month suspension.

Refusing a breath or blood test in Florida

Florida's implied-consent law means that by driving in the state, you have agreed to submit to a breath, blood, or urine test if lawfully arrested for DUI. According to the Florida DHSMV, a first refusal results in a one-year license suspension, and a second or subsequent refusal results in an 18-month suspension. Refusing is also a separate crime, not just a license matter. Under Statute 316.1939, a driver who refuses a lawful test after being given the required warning commits a second-degree misdemeanor for a first refusal and a first-degree misdemeanor for a second or subsequent refusal. That criminal provision reaches a breath or urine test, not a blood test requested under Section 316.1932(1)(c), and the officer must warn the driver of the second-degree misdemeanor exposure before the refusal counts. The refusal suspension is administrative and applies on top of any criminal penalty, and the refusal is admissible as evidence in the criminal case. Because the one-year refusal suspension is longer than the six-month suspension for failing the test, and a refusal still does not stop the prosecution, refusing usually makes the license consequences worse.

Can you expunge or seal a DUI in Florida

Florida does not allow a DUI conviction to be sealed or expunged. Under Statute 316.656, a court cannot withhold adjudication of guilt for a DUI, which means a DUI plea or finding becomes a conviction, and Florida's sealing and expungement statute, Section 943.0585, excludes any record that ended in a conviction. The narrow exceptions involve cases that did not result in a DUI conviction: if the charge was dismissed, you were acquitted, or the case was reduced to reckless driving with a withhold of adjudication and you have no prior record, the arrest record may be eligible to be sealed or expunged. A DUI conviction itself, however, is permanent and stays on the record indefinitely.

What to do after a DUI arrest in Florida

A Florida DUI creates two separate matters: a criminal case in court and an administrative license case at the DHSMV. The deadlines are short, so a common first step is to act within 10 days of arrest, either by requesting a formal review hearing or by applying for an immediate hardship license under the eligible-reviewee option, because missing that window generally means the administrative suspension takes effect automatically. The criminal case proceeds on its own schedule from arraignment through resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Before those 10 days run out, ask a Florida DUI lawyer for a free consultation on the formal review hearing versus the hardship license (attorney advertising). Keep the arrest paperwork, the notice of suspension, and any test results in a safe place.

More Florida Laws

• Florida Expungement Laws
• Florida Warrant Search

Frequently Asked Questions

What is the BAC limit in Florida?

The per se limit is 0.08 blood- or breath-alcohol level under Statute 316.193. Commercial drivers are limited to 0.04, and drivers under 21 face a 0.02 zero-tolerance limit that suspends the license administratively.

How long do you lose your license for a first DUI in Florida?

A first DUI conviction revokes the license for a minimum of 180 days up to one year. Separately, the DHSMV imposes a six-month administrative suspension for failing the test, or one year for refusing it, even before any conviction.

Is a first DUI a felony in Florida?

No. A first DUI is a misdemeanor. A DUI becomes a third-degree felony on a third offense within 10 years, or on a fourth offense regardless of timing. DUI causing serious injury or DUI manslaughter is a felony at any offense number.

Do you need an interlock for a first DUI in Florida?

Not for a standard first offense. An ignition interlock is mandatory for at least six months if the BAC was 0.15 or higher or a minor was in the vehicle, under Section 316.193(4). The court may order one for at least six months on other first offenses, and the statute sets no upper limit.

What happens if you refuse a breathalyzer in Florida?

Under implied consent, refusing the test triggers a one-year administrative suspension on a first refusal, longer than the six-month suspension for failing. Refusing is also a crime: under Statute 316.1939, a first refusal of a lawful breath or urine test is a second-degree misdemeanor, and a second or subsequent refusal is a first-degree misdemeanor and an 18-month suspension. The refusal is admissible in court.

How long does a DUI stay on your record in Florida?

A DUI conviction stays on the record permanently because Florida does not allow it to be sealed or expunged. For repeat penalties, a prior counts for five years for an enhanced second offense and 10 years for the felony threshold.

Can you get a DUI expunged in Florida?

No. A DUI conviction cannot be sealed or expunged because Statute 316.656 bars a withhold of adjudication and Section 943.0585 excludes convictions. Only a dismissed, acquitted, or reduced case with no conviction may allow the arrest record to be cleared.

What is the look-back period for DUI in Florida?

Florida uses a five-year window for enhanced second-offense penalties and a 10-year window for the third-offense felony threshold under Statute 316.193. A fourth DUI is a felony regardless of how long ago the priors occurred.