DUI Laws

Legal Limit: Florida makes it illegal to drive with a Blood Alcohol Content of .08 or greater. Florida also makes it illegal to drive with any drug and/or alcohol combination that impairs your normal faculties.

Actual Physical: In addition to making it a crime to drive while intoxicated, Florida includes the clause that anyone who is in "actual physical control" of the vehicle is also guilty of the offense. This is used by Florida to include those persons who have driven the vehicle into a ditch or have somehow rendered it immovable. This functions to lighten the burden on Florida prosecutors, since they don't have to show that you were actually driving.

WARNING! Florida's Ten Day Rule for DUIs

In Florida you have only 10 days to request a special hearing where our firm can fight to regain your license. Failure to do so will result in at least a six month suspension and as much as an eighteen (18) months suspension of your driver's license. If any of the following facts are present in your DUI arrest, the 10 Day Rule applies to you and you must act now.

If you refused to take a breath, blood or urine test after being arrested for DUI in Florida, or if you tried to take the test but officers said you refused, or if the results of your breath test were .08% blood-alcohol or above, you tried to take the test but could not blow or urinate, you were under 21 on the day of your arrest AND your test result was .02 or higher, you have a CDL and were in your truck when arrested AND had an unlawful blood alcohol content or refused to take the test, of if you are not sure what the blood alcohol level was, then you only have ten days to request a hearing in order to challenge the administrative suspension of your driver license.

Possible Fines and Punishment That the Court
May Impose If You Are Convicted of DUI

Offense	Fine	BAC>=.20% or minor in car	License Suspension	Probation	Incarceration	BAC>=.20% or minor in car	Impoundment
1st Offense	$250 - $500	$500 - $1,000	180 days to 1 year	1 year	up to 6 months	up to 9 months	10 days normally. For 2nd conviction within 3 years then 30 days. For 3rd conviction within 5 years then 90 days. Impound may not occur during jail sentence. Impound on rentals or leases not to extend beyond the lease or rental agreement. If you were driving while under the influence and were on a suspended license for DUI, your car is subject to civil forfeiture.
2nd within 5 years	$500 - $1,000	$1,000 - $2,000	5 years (mandatory)	1 year	10 days to 9 months	10 days to 12 months
2nd outside 5 years	$500 - $1,000	$1,000 - $2,000	180 days to 1 year	1 year	up to 9 months	0 to 12 months
3rd within 10 years	$1,000 - $2,500	$2,000 - $5,000	10 years	1 year	30 days to 12 months	30 days to 12 months
3rd outside 10 years	$1,000 - $2,500	$2,000 - $5,000	180 days to 1 year	1 year	up to 12 months	up to 12 months
4th offense (charged as misdemeanor)	$1,000 - $2,500	$2,000 - $5,000	Permanent	1 year	up to 12 months	up to 12 months
4th offense (charged as felony)	$1,000 - $5,000	$1,000 - $5,000	Permanent	1 to 5 years	up to 5 years	up to 5 years

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Florida DUI Law states:
316.193 Driving under the influence; penalties.--

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

When someone chooses to get a driver's license in Florida, they accept a number of stipulations whose repercussions are not always immediately apparent. One such Florida DUI law concept is "implied consent." The statement, "I hereby consent to any chemical test for sobriety as required by law" appears directly above your signature. Implied consent means that when a driver in Florida operates a vehicle on the roads by this action they are considered to have given advance permission to any law enforcement officer to stop them at any time while they are on their road and test them to see if they are under the influence of drugs or alcohol.