Drunk Driving Laws You Need to Know When Arrested for DUI in Florida

What Is Considered a DUI in Florida

Under Florida Statute 316.193, DUI means operating or being in actual physical control of a vehicle while impaired by alcohol, controlled substances, or chemical agents. You can be arrested if your blood alcohol concentration (BAC) is 0.08% or higher, or even lower if your ability to drive safely is impaired.

Florida’s implied consent law means that by driving, you agree to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing the test results in an automatic license suspension:

• One year for a first refusal
• 18 months for further refusals

Many drivers mistakenly believe they must appear to be clearly intoxicated to be charged. In reality, even small amounts of alcohol or legally prescribed medications can impair your faculties and lead to a DUI arrest. That's why Florida’s implied consent law plays a major role in DUI investigations.

What to Do Immediately After a DUI Arrest in Florida

Your actions in the first hours following a DUI arrest can significantly impact your legal options. Florida’s DUI process moves quickly, especially regarding license suspension, so acting without delay is crucial.

Take these immediate steps:

• Request a formal DMV hearing within 10 days to challenge the administrative suspension of your driver's license.
• Document everything — including the time and location of the stop, the officer’s behavior, any field sobriety tests administered, and whether your Miranda rights were read.
• Do not speak to law enforcement without first consulting with one of our exceptional DUI attorneys.
• Ask whether you qualify for DUI school or a hardship license that could restore limited driving privileges.

Once the immediate steps are taken, begin building your legal defense. Florida law requires that officers have reasonable suspicion to initiate a traffic stop.

Many defenses focus on:

• Challenging the legality of the stop itself.
• Disputing the reliability of field sobriety tests, which can be subjective.
• Reviewing the accuracy and maintenance records of chemical testing devices under.
• Florida Statute §316.1937.
• In DUI accident cases, challenging the link between alleged impairment and the actual.
• Cause of the crash can be a powerful way to undermine the prosecution’s case.

One Mistake Shouldn’t Define You! We’ll Protect Your Future.

A DUI charge doesn’t have to ruin your future. Act quickly — the sooner we get started, the stronger your defense. Talk to our South Florida team today to learn about your options and to build a strong defense.

Protect Your Rights Today

Available 24/7
(561) 659-8337

DUI Penalties in Florida

Even a first DUI offense carries serious consequences. You could face:

Ignition Interlock Device (IID) Requirements

Florida requires ignition interlock devices for certain DUI convictions, especially where aggravating factors are present.

IID installation is at the driver’s expense and is a requirement for reinstating driving privileges under §322.2715.

Special Cases Under Florida DUI Law

Florida’s DUI statutes apply differently based on your license type, age, and the circumstances of the stop.

Underage Drivers — Zero Tolerance

Drivers under 21 face strict penalties if found with a BAC of 0.02% or higher, even without showing signs of impairment, according to Florida Statute §322.2616. Sanctions include administrative license suspension and potential enrollment in DUI school.

Commercial Drivers (CDL Holders)

Commercial drivers can be charged with DUI at 0.04% BAC. A first offense leads to a 1-year CDL disqualification, or 3 years if transporting hazardous materials. A second offense results in a lifetime CDL ban under §322.61.

High BAC or Minor in Vehicle

Enhanced penalties apply if your BAC is 0.15% or more, or if a minor was present. This includes longer jail sentences, higher fines, and mandatory ignition interlock devices.

Open Container Laws

According to Florida Statute §316.1936, having an open container of alcohol in your vehicle — even without drinking — is a violation. If combined with a DUI stop, this can intensify penalties or lead to additional charges.

DUI Accidents and Injury-Related Charges

When a DUI leads to an accident, especially one involving injury or death, the stakes skyrocket. Florida law treats these cases as aggravated DUIs with felony-level consequences.

Serious Bodily Injury DUI

Third-degree felony charges carry up to 5 years in prison and fines ranging from $2,000 to $5,000. These cases require immediate legal intervention to challenge causation and reduce potential sentences.

DUI Manslaughter

Second-degree felony under Florida Statute 316.193(3) with devastating consequences: up to 15 years in prison and fines from $5,000 to $10,000. Legal representation by an attorney with advanced knowledge and skill becomes critical for case survival.

Hit and Run Combined with DUI

Additional charges for leaving the scene compound penalties, potentially leading to longer sentences and permanent license revocation. Multiple charge combinations create complex legal challenges requiring specialized defense strategies.

Felony vs. Misdemeanor DUI in Florida

Not all DUI charges are equal under Florida law. The difference between a misdemeanor and a felony can mean minor penalties or life-changing consequences. Knowing how your case is classified is key to a victory in your case.

Felony DUI charges come with lasting consequences — including prison time, license revocation, and a permanent criminal record. If you’re facing a felony DUI, don’t wait. Get help and obtain a strong defense from South Florida Justice to protect your future.

Accused of DUI? Take Control Before the System Does!

A DUI arrest can jeopardize your freedom, license, and reputation, but it doesn’t have to ruin your future. The legal system moves fast, and without skilled representation, the odds are stacked against you. The sooner you get in touch the exceptional criminal defense lawyers at South Florida Justice, the better your chances of achieving a favorable outcome