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Florida DUI Laws

Florida DUI Defense

What you're facing, what the deadlines are, and the questions your attorney needs to answer — specific to Florida (FL) law.

BAC Limit

0.08

Enhanced BAC

0.15

Higher penalties above this

Lookback Period

5 years (for first-offense penalties) / 10 years (for felony enhancement)

Prior offenses count within

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10 days-Day DMV Hearing Deadline

In Florida, you have 10 days days from your arrest to request an administrative DMV hearing. Miss this deadline and your license suspension goes into effect automatically — even if the criminal case is later dismissed.

First Offense Penalties in Florida

Jail TimeUp to 6 months (up to 9 months if BAC 0.15+)
Fines$500 – $1,000 ($1,000 – $2,000 if BAC 0.15+)
License Suspension180 days – 1 year
Ignition InterlockRequired for BAC 0.15+ (minimum 6 months)

Implied Consent & Test Refusal

Like all 50 states, Florida has an implied consent law — by driving on Florida roads, you've already agreed to submit to a chemical test (breath, blood, or urine) if an officer has probable cause to believe you're impaired.

Refusal Penalty

12-month license suspension (first refusal) / 18 months (second+)

Florida-Specific Detail

Florida's 10-day DMV hearing deadline is critical. A second refusal to submit to a breath test is a separate misdemeanor charge. Florida also has mandatory vehicle impoundment for 10 days.

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DUI Defense Playbook — $97

26 questions your DUI attorney hopes you never ask, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download — calibrated for Florida DUI defendants.

Get the DUI Playbook — $97Read the Free DUI Guide

Important: This page provides general legal information about Florida DUI laws as of the date of publication. Laws change frequently. This is not legal advice. Consult a Florida-licensed attorney for guidance specific to your case.