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Florida DUI/DWI Laws

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Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .15
  • License Suspension for 1st Offense – Yes
  • Limited Driving Privileges During Suspension – Yes
  • Ignition Interlock – Mandatory for all convictions when BAC is .15 or above
  • Vehicle and License Plate Sanctions – Yes – Impoundment and Vehicle Forfeiture

General State Information

  • State Penal Code – FS 316.193
  • Open Container Laws – Yes
  • Repeat Offender Laws – Yes
  • Check Points – Yes – 15 to 20 per month
  • Alcohol Exclusion Laws Limiting Treatment – Yes

Understanding DUI/DWI Penalties

There are four main factors that determine the severity of the penalties incurred:

  1. The age of the driver
  2. The substance impairing you. This may be drugs, or alcohol, or both
  3. The category of your driver’s license (Restricted, CDL)
  4. Whether you refused a chemical test

Chemical Test Refusal

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Florida are:

 

 

1st Refusal

2nd Refusal

3rd Refusal

Lookback Period

  • Florida the lookback period is divided into 2 categories
  • These are, 2nd DUI, and 2nd within 5
  • 2nd DUI counts any DUI you were convicted of at any time in any state
  • 2nd within 5 means the DUI is within the 5 year lookback period and is significantly worse

Zero Tolerance

Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties for Underage Drivers (under 21)

1st Offense

  • 6 month license suspension
  • Prison – only if BAC is .08% or above; length of sentence is determined by judge
  • $1000 – $2000 fine

2nd Offense

  • 1 year license suspension
  • Prison (10 day minimum, 1 year maximum)
  • $1000 – $4000 (size of fine determined by BAC)

DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)

1st Offense

  • $500 fine

 

2nd Offense

– The following penalties apply for a “2nd DUI” charge:

  • license revoked for a minimum of 6 months
  • $1000 minimum fine

 

– The following penalties apply for a “2nd within 5” charge:

  • license revoked for a minimum of 5 years
  • $2000 minimum fine

DUI/DWI Penalties/Alcohol/Drug related (Aggravated)

1st Offense

  • $1000 fine

 

2nd Offense

 

– The following penalties apply for an Aggravated “2nd DUI” charge:

  • license revoked for a minimum of 6 months
  • $2000 minimum fine

 

– The following penalties apply for an Aggravated “2nd within 5” charge:

  • license revoked for a minimum of 5 years
  • $2000 minimum fine

Hardship License Reinstatement

  • It is possible to apply for a conditional license in certain cases. This is called the “Hardship License Reinstatement”
  • Should it be granted, you may only travel to and from your place of employment
  • You will also be required to complete a DUI School and Treatment Program
  • An Ignition Interlock Device will be installed on your vehicle for a minimum of 6 months (this period of time can be as long as 5 years depending on the circumstances of your violation).

CDL Drivers (Commercial)

  • Those with a commercial driver’s license (CDL) are held to a stricter standard
  • Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
  • An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
  • A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

SR-22 Insurance Requirements

  • SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
  • Most, but not all states have SR-22 statutes
  • In *Florida an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
  • You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
  • Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

*Florida has an extra form called an FR-44 that is required for very serious offenses. An FR-44 is a certificate issued by your insurance company that assures the state that your policy is well above the minimum required by an SR-22

Wet Reckless

  • Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
  • Florida does allow for plea bargains in DUI/DWI cases
  • It can only be pleaded down to reckless driving
  • This allows you to avoid a criminal record
  • Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
  • The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
  • This plea bargain is typically only allowed for first time offenders with no aggravating factors involved