Florida DUI Laws and Penalties 2025 – All You Need To Know

Driving under the influence is illegal in all fifty states, including Florida. Therefore, if you are arrested for driving impaired in Florida, you could be facing serious consequences. If you live in or are visiting the Sunshine State, you should be aware of the Florida DUI laws and penalties that govern activities on the road.

What Is Considered a DUI in FL?

Driving under the influence means driving while impaired by alcohol, drugs, or even some medications. To ascertain whether you are driving impaired, police officers will check your blood alcohol level (BAL) using a breathalyzer or administer a field sobriety test.

Florida’s DUI Laws

Florida’s DUI laws are much like those around the United States. The BAL limit for drivers is 0.08 and 0.04 for commercial drivers. If you are arrested for impaired driving with a BAL of .15, and there is a minor in the vehicle, your penalties will be harsher.

The legal drinking age in Florida is 21, so if you are underage and get arrested for driving impaired, your charges may increase to a second-degree misdemeanor. Further, if there is an opened bottle of alcohol found in the vehicle, either by you or your passenger, this is in violation of Florida’s laws.

Florida’s DUI Penalties 2025

Florida has recently implemented stricter DUI laws, expanding the definition of a DUI and increasing the penalty for refusing a chemical test, among other changes.

Expanded Definition of DUI

Previously, driving impaired meant driving under the influence of alcohol or drugs; however, the definition has expanded to include medication. Some medications, and even over-the-counter medications, can increase the effects of alcohol in your system. This is why it is important to read all labels carefully.

The definition also clarifies what is considered driving. Not only are impaired drivers included in the definition, but also anyone who has control of the vehicle, so if you are impaired and in the passenger seat but take control of the vehicle, even temporarily, you may be indicted for a crime.

Harsher Penalties for Violating Implied Consent

Another significant change to the law is an increase in the penalty for refusing a chemical test. Currently, a person who refuses a chemical test under implied consent can have their license suspended for at least a year. If the new law is approved, refusing a chemical test could result in a second-degree misdemeanor charge for first-time offenders and a first-degree misdemeanor charge for refusing a second time.

DUI Programs

To provide the opportunity for first-time offenders to avoid jail time, Florida’s governor has implemented several DUI programs. Not only are these programs helpful to first-time offenders, but they can also benefit victims of impaired drivers. Some of the programs offered are DUI education programs, substance abuse counseling, and community service in lieu of jail time.

Other Changes to DUI Penalties

In general, DUI penalties are stiffer for each subsequent offense. For instance, fines for first-time offenders are between $500 and $1,000 and between $1,000 and $2,000 for a second conviction. Another penalty for second-time offenders is the mandatory placement of an interlock device on the offender’s vehicle.

If an impaired driver causes an accident and another person is seriously injured or dies, police officers can conduct an investigation and obtain a warrant for a blood test if the driver refuses a chemical test.

What Should I Do If I Am Charged With a DUI?

If you are arrested for a DUI, you should remain calm, comply with the officer, and be aware that anything that you say may be used against you in court. Therefore, you should exercise your right to remain silent and contact your lawyer right away. While refusing a chemical test, such as a breathalyzer test, comes with legal consequences, you have the right to refuse a field sobriety test without legal consequences.

Getting DUI Charges Dismissed

It is important to contact your DUI lawyer in Orlando immediately if you are arrested for a DUI. Any delay could mean that your charges turn into a conviction. Once you are convicted, which means you have been found guilty, you may be at the mercy of the court. This could mean the DUI is on your record for 75 years, along with other penalties you face, such as hefty fines, jail time, probation, community service, and having your license revoked.

FAQs

Q: What Is the Punishment for a First-Time DUI in Florida?

A: The punishment for first-time DUI offenders can include fines between $500 to $1,000 and up to 6 months in jail at the court’s discretion. You may also get your license revoked for 180 days, be required to enroll in a DUI education program, and/or have your car impounded. Some judges assign community service in lieu of jail time.

Q: Is Your License Suspended Immediately After a DUI in Florida?

A: Yes, your license is suspended immediately after a DUI in Florida as an administrative suspension, and it can be suspended for up to a year if you refuse a chemical test. If your license is suspended immediately, you may have a chance to get it reinstated, depending on your case and the experience and skill of your lawyer.

Q: What Is the New Law for DUI in Florida?

A: The new law for DUI in Florida stiffens the consequences for offenders and expands the definition of a DUI. While, previously, the law included impaired driving under the influence of alcohol and drugs, it has increased to include the use of prescription medications as well. Other changes include the opportunity for first-time offenders to enroll in a DUI education program, as well as making consequences harsher for subsequent offenders.

Q: Can I Get My Charge Dismissed for a First-Time DUI in Florida?

A: Yes, a first-time DUI can be dismissed in Florida. This largely hinges on your lawyer’s skill, experience, and ability to aggressively defend your case. A knowledgeable lawyer who deeply understands DUI laws can investigate your case, sort through the evidence, and help get your case dismissed. Do not underestimate the capacity for a first-time offense to have a detrimental impact on your life.

Experienced Law Firm Dedicated to Protecting Your Rights

Robert B. Fisher, P.A. has over 35 years of experience as a lawyer. As a former prosecutor, he possesses the skills and professionalism to achieve good outcomes. Regardless of your DUI offense, you are worthy of quality representation. Contact us today for a chance to speak to us about your case.