Florida's Tough DUI Laws

The laws in Florida against driving under the influence - also known as DUI - are tougher than they are just about anywhere else.

Most states, and Florida is no exception, have a law that is known as "implied consent". The implications of implied consent is that, by driving a car in Florida, the driver has already given their consent for police to conduct a breathalyzer test for alcohol, as well as urine test for the presence of drugs and blood tests if an accident involves death or serious injury. Under implied consent laws, a driver may also be given physical tests to look for alcohol impairment. A driver who refuses a chemical test will be subject to a 12 to 18 month suspension of their license.

In Florida, DUI law considers someone whose blood alcohol level - that is BAC - is greater than .08% under the influence; if BAC is between .051% and .079%, the person is not considered under the influence, but the results of the test can still be used in court.

If a chemical test shows a blood alcohol level that is .08% or more, Florida DUI law requires that the driver's license be suspended for six months.

It is also required under Florida DUI law that you are detained by police a minimum of eight hours, or, as long as is necessary for you to no longer be under the influence or impaired by alcohol, which means a blood alcohol level below .05.

After a DUI charge in the state of Florida, the relatively short time you will spend in jail is just the start of your troubles. Punishment for a first DUI conviction in Florida include 50 mandatory community service hours, a fine as high as $1,000, one year's probation and jail time as long as nine months. If your blood alcohol level tests .15 or higher, or if a child is in the car when you are arrested for DUI, Florida law requires that your license be revoked for a minimum of six months and that an ignition interlock system be installed in your vehicle.

A second or third DUI conviction in Florida will, of course, result in jail time, fines and license revocation penalties that are greater than those received for a first offense.

If a driver is convicted of DUI a fourth time, it is a 3rd degree felony, and will result in permanent license revocation and possibly a prison sentence of up to 10 years.

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