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Florida DUI Laws & Penalties

In Florida, it is illegal to drive with a .08% BAC
(blood alcohol content) or higher if you are
over 21 years old. If you are under 21, the
legal BAC drops to .02%, thanks to Florida's
zero tolerance policy. This means you can be
charged with driving under the in!uence after
having a single drink. Drinking is illegal for
minors, so you should not have to worry
about getting a DUI before you turn 21 years
old. But what happens if you do?

First O!ense DUI Penalties For Minors

License Jail Additional
Age BAC Suspension Fines Time Penalties

Under Under 6 months None None None

21 .02%

Under Under 6 months None None Enrollment

18 .02% in alcohol
education
program

Under .08% 6 months to $500– Up to 6 50 hours

21 or 1 year $1,000 months community
more service

The charges above explain what penalties you

will receive for driving while above the legal
alcohol limit in Florida. These are the
minimum penalties and the judge may
exercise his or her discretion and add
additional "nes or jail time.

If you are convicted of a DUI for a second

time, your license suspension will be
extended to one year. Having a .05% BAC may
result in harsher penalties, including a
substance abuse evaluation and enrollment in
a treatment course.

DUI Charges
Once your BAC is at or above .08%, then you
can be charged with a DUI and will receive the
same penalties an adult would.

Florida DUI Penalties

License Jail Community Vehicle
Fines Suspension Time Service Impoundment

1st $1,000– 6 months Up to 6 50 hours 10 days

DUI $2,000 months

2nd $1,000– 1 year 10 days 30 days

DUI $4,000 to 12
months

Upon your "rst conviction, a judge may put

you on probation. The judge also has the right
to order you to install an Ignition Interlock
Device (IID) in your car. The days your vehicle
is impounded cannot be the same days you
are serving your jailtime. If you only have one
functioning car in the household, the vehicle
may avoid impoundment.

The "nes listed above do not include

administrative "nes or any additional costs,
like purchasing an IID.

Refusing The Test

Florida operates under an "implied consent"
law, which means each time you get behind
the wheel you are consenting to a blood-
alcohol or breath-alcohol test. While you can
refuse these tests if pulled over, please know
your license will be automatically suspended
for one year regardless of whether you are
later convicted of a DUI. If you refuse again,
your license will be suspended for 18 months.

Possession of Alcohol
Driving while under the in!uence is illegal, but
so is possessing alcohol if you are under 21
years old. Even sober, you can face the
following charges for transporting alcohol in
Florida.

Penalties for Possessing Alcohol as a

Minor in Florida
Jail License
Charge Fines Time Revocation

1st 2nd-degree $500 60 6–12

Conviction misdemeanor days* months

2nd 1st-degree $1,000 1 2 years

Conviction misdemeanor year*

*Jail time can be replaced with a 6-month probation period

for a "rst-time o$ender or 12-month probation period for a
second-time o$ender.

Requesting a Hearing
After receiving a DUI, your license will be
revoked and you will be given a temporary
license (if applicable). This license is valid for
10 days, and it gives you 10 days to act. You
have three basic options:

1. Do nothing
2. Request a hearing
3. Plead guilty

If you do nothing, you will lose your right to

drive for 30–90 days depending on what you
are charged with. After that time has passed
and you are serving your license suspension,
you may request a hardship license, which will
allow you to drive to work, school, church, and
other necessary functions.

If you request a hearing, you will be given a

45-day temporary license that can be used to
drive to necessary functions. If you win your
case, your license will be reinstated in full and
the charges dropped. If you lose, you must
wait 30–90 days, depending on your
conviction, during which time you cannot
drive. After, you may apply for a hardship
license.

If you plead guilty to a DUI, you can request a

hardship license immediately.

Impact on Your Personal Life

Several negative consequences may happen
to you if you receive a DUI as a minor.
Colleges and future employers have the right
to ask if you have been convicted of a crime.
Colleges have the right to deny you admission
and employers can bypass you for another
candidate due to a DUI. Your current school
(high school or college) may take action
against you and can even include expulsion.
Your car insurance premiums will also rise.

In the end, a DUI charge is not worth the risk

to your wallet, your record, your career, your
life or the life of the people around you. Be
smart. Don't drink and drive.

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