Florida DUI Laws Explained: Charges, Penalties, and Your Legal Rights

Driving under the influence (DUI) in Florida is governed by strict laws that carry serious legal and personal consequences. A DUI charge can affect far more than your driving privileges — it can impact your freedom, employment, professional licenses, and future opportunities.

Understanding how Florida DUI laws work, what the State must prove, and what rights you have is critical if you are facing a DUI charge.

This guide explains Florida DUI charges, impairment levels, penalties, and important legal protections every driver should know.

What Is a DUI Under Florida Law?

Under Florida Statute § 316.193, a person may be charged with driving under the influence if they are driving or in actual physical control of a motor vehicle while impaired by alcohol or certain drugs.

Florida law focuses on whether a person’s “normal faculties” are impaired. These faculties include:

Seeing
Walking
Talking
Judging distances
Responding to emergency situations

➤ Importantly, a person does not need to be actively driving. Being in actual physical control of a vehicle — such as sitting in the driver’s seat with access to the keys — can be enough for a DUI charge.

Florida DUI Impairment Levels (BAC Explained)

Florida law establishes legal presumptions of impairment based on blood-alcohol or breath-alcohol concentration (BAC):

0.05% or less
Presumed not impaired

More than 0.05% but less than 0.08%
No automatic presumption, but results may be used as supporting evidence

0.08% or higher
Considered an unlawful level and prima facie evidence of impairment

Even without a BAC reading, the State may attempt to prove impairment through officer observations, field sobriety exercises, or other evidence.

DUI Charges for Alcohol, Drugs, and Prescription Medications

A DUI charge in Florida is not limited to alcohol alone. A person may be arrested for DUI if impaired by:

Alcoholic beverages
Chemical substances listed in Florida Statute § 877.111
Controlled substances under Chapter 893
Prescription medications, even if lawfully prescribed

➤ Having a valid prescription does not prevent a DUI charge if the substance impaired your ability to drive safely.

DUI Penalties in Florida

Florida imposes increasing penalties based on the number of prior DUI convictions.

First DUI Offense

• Fines ranging from $500 to $1,000

• Up to 6 months in jail

• Possible license suspension

• Probation, substance abuse education, and community service

• Vehicle impoundment and other court-ordered conditions

Second DUI Offense

• Higher fines

• Possible jail time (mandatory incarceration in some cases)

• Ignition interlock device requirements

• Longer license suspension

• Increased probation and monitoring conditions

Third DUI Offense

• Fines ranging from $2,000 to $5,000

• Up to 12 months in jail

• Mandatory ignition interlock device for at least two years

• Significant license consequences and vehicle immobilization

Courts may also impose additional penalties such as substance abuse treatment, probation, vehicle impoundment, and restricted driving privileges.

Related reading: Florida DUI Penalties Explained

Chemical Testing and DUI Affidavits in Florida

Florida law allows the State to introduce breath or blood test results through a sworn affidavit under Florida Statute § 316.1934(5).

To serve as presumptive proof, the affidavit must disclose:

The type of test administered and procedures used
The exact time the sample was collected
The numerical test results
The permit status of the person administering the test
Maintenance or inspection records for breath testing equipment

While these affidavits simplify evidence admission for prosecutors, defendants retain the right to challenge the testing and subpoena the individual who administered it for cross-examination.

What Happens If You Refuse DUI Testing in Florida?

Florida operates under an implied consent law, meaning drivers are deemed to have consented to chemical testing if lawfully requested by law enforcement.

Refusing testing can result in:

• A one-year license suspension for a first refusal

• An 18-month suspension for subsequent refusals

• Refusal being used as evidence in a DUI prosecution

Courts have held that chemical testing does not require consultation with an attorney beforehand, despite common misconceptions.

Your Right to a Jury Trial
in Florida DUI Cases

Many people are unaware that Florida DUI misdemeanor charges generally carry the right to a jury trial upon demand.

Under Florida Statute § 918.0157:

DUI misdemeanors are punishable by imprisonment
Defendants typically have the right to demand a jury trial
The right may be waived if not properly asserted before trial
Judges may remove the jury right only if they certify no incarceration will be imposed

Failing to demand a jury trial can result in an unintentional waiver of this important constitutional protection.

Related reading: DUI Misdemeanors and Jury Trial Rights

➤ Many people are unaware that Florida DUI misdemeanor charges generally carry the right to a jury trial upon demand.

When a DUI Affects More Than Your Criminal Case

A DUI charge can have consequences beyond fines or jail time, especially for certain professions and service members.

Nurses may face licensing and disciplinary action from the Florida Board of Nursing
Military service members may face command notification, administrative discipline, or career impacts
Professional licenses, employment opportunities, and security clearances may be affected

Each situation requires careful legal strategy to address both the criminal case and collateral consequences.

A DUI charge is not just a traffic matter — it is a criminal offense with long-term consequences. Early decisions can significantly affect the outcome of your case and your future.

If you are facing a DUI charge in Florida, consulting with an experienced attorney can help you understand your rights, evaluate the evidence, and protect what matters most.

Ask Attorney Amy provides experienced Florida DUI defense with an understanding of how these charges impact careers, licenses, and lives.