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Florida DUI Laws

DUI Defense in Florida

Statutes, Penalties, and Defense Strategies

What you are facing, the deadlines that bind you, and the questions an attorney needs to answer — under Florida (FL) DUI 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

⚠

10 days-Day DMV Hearing Deadline

Florida gives you 10 days days from the arrest to ask for a DMV hearing. This is the

administrative hearing

Plain language

A DMV review of the license suspension — separate from the criminal court case, with its own paperwork and deadline.

that decides the license suspension. Miss the deadline and the suspension starts on its own, even if the criminal case ends in dismissal later.

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 Interlock

Plain language

A breath-tester wired into the car ignition. The car will not start without a clean sample.

Required for BAC 0.15+ (minimum 6 months)

Implied Consent and Test Refusal

Florida has an

implied consent law

Plain language

By driving on the state's roads, you have already agreed to a chemical test if an officer has probable cause to think you are impaired.

like every state. The test can be breath, blood, or urine. Refusing carries its own penalty, listed below.

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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Other Florida defense topics

Facing a different charge in Florida? Penalty ranges, enhancements, and defense questions for related crimes:

Drug Possession in FloridaAssault in FloridaDomestic Violence in Florida

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. For guidance specific to your case, speaking with a Florida-licensed attorney is one option, or take the free Masked Researcher’s First Read to see where your case stands.