Florida DUI Penalties and Charges Explained

Getting arrested for driving while intoxicated can be a stressful time. Because each state has different laws about ignition interlock devices (IIDs), understanding the laws specific to your state is crucial. Let’s walk through what happens if you’re a resident of Florida.

Florida Driving Under the Influence (DUI) laws

The legal blood alcohol concentration (BAC) limit per Florida law is .08, so if you’re pulled over and have a prohibited alcohol concentration (a BAC above .08), you will be arrested for driving while intoxicated. You can also be considered intoxicated if your driving is found to be impaired by alcohol, regardless of your BAC. Your license will be revoked, and you face other penalties depending on if this is your first DUI offense and other factors described below. You might also be required to install an IID.

DUI penalties in Florida vary based on the circumstances of your arrest, including having previous DUI arrests on your record, the level of your BAC and if there’s a minor in the car with you at the time of your arrest. Here are the possible penalties for a DUI in Florida:

First DUI offense

• Driver’s license revoked for a period of 180 days up to one year. You may apply for a hardship license.
• To regain driving privileges with a Florida hardship license, you must:
  • Submit proof of enrollment or completion of DUI School (must be completed within 90 days of receiving the hardship license).
  • Complete alcohol abuse treatment course, if referred by court, within 90 days.
  • Install an ignition interlock device on all vehicles you own and drive if court ordered. An IID is required for at least six months if your BAC at time of arrest was .15 or above or if there was a minor in your vehicle.
• Submit proof of bodily injury liability insurance in the amount of $100,000 per person, $300,000 per occurrence and $50,000 property damage liability.
  • Certification of liability insurance must be in the form of an FR-44 and continuously maintained for a period of three years from reinstatement following the DUI revocation.
• Pay a reinstatement fee of at least $150 (up to $500).

Second DUI offense

• If the second offense has occurred at least 5 years after the first offense, then the driver’s license may be revoked for a period of 180 days up to one year. You may apply for a hardship license after one year from the effective date of your license revocation.
• Due to Florida's look-back laws, if the second offense occurred within 5 years of the first offense, then the driver’s license may be revoked for a period of 5 years. (Learn more about look-back laws.)
• To regain driving privileges with a hardship license, you must:
  • Submit proof of completion of DUI School.
  • Complete alcohol abuse treatment course, if referred by court, within 90 days.
  • Submit a favorable recommendation.
  • Present approval to reinstate early for hardship to the driver’s license office.
  • Install an IID on all vehicles you own and drive for at least one year. Your IID requirement will be at least two years if your breath alcohol concentration (BrAC) at time of arrest was .15 or above or if there was a minor in your vehicle.
• Submit proof of bodily injury liability insurance in the amount of $100,000 per person, $300,000 per occurrence and $50,000 property damage liability.
  • Certification of liability insurance must be in the form of an FR-44 and continuously maintained for a period of three years from reinstatement following the DUI revocation.
• Pay a reinstatement fee of at least $150 (up to $500).

Third (and subsequent) DUI offenses not within 10 years of second offense

• 180-day to one year driver’s license revocation. You may not apply for a hardship license during the revocation period.
• To regain driving privileges with a hardship license, you must:
  • Submit proof of completion of DUI School.
  • Complete alcohol abuse treatment course, if referred by court, within 90 days.
  • Submit a favorable recommendation.
  • Present approval to reinstate early for hardship to the driver’s license office.
  • Remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license.
  • Install an IID on all vehicles you own and drive for at least two years. If your BAC at time of arrest was .15 or above or if there was a minor in your vehicle, your IID requirement may be longer than two years.
• Submit proof of bodily injury liability insurance in the amount of $100,000 per person, $300,000 per occurrence and $50,000 property damage liability.
  • Certification of liability insurance must be in the form of an FR-44 and continuously maintained for a period of three years from reinstatement following the DUI revocation.
• Pay a reinstatement fee of at least $150 (up to $500).

Third DUI offense within 10-year period

• 10-year license revocation. You must serve two years of this revocation period before being eligible to apply for a hardship license with the Administrative Reviews Office.
• To regain driving privileges with a hardship license, you must:
  • Submit proof of completion of DUI School.
  • Complete alcohol abuse treatment course, if referred by court, within 90 days.
  • Submit a favorable recommendation.
  • Present approval to reinstate early for hardship to the driver’s license office.
  • Remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license.
  • Install an IID on all vehicles you own and drive for at least two years. If your BAC at time of arrest was .15 or above or if there was a minor in your vehicle, your IID requirement may be longer than two years.
• Submit proof of bodily injury liability insurance in the amount of $100,000 per person, $300,000 per occurrence and $50,000 property damage liability.
  • Certification of liability insurance must be in the form of an FR-44 and continuously maintained for a period of three years from reinstatement following the DUI revocation.
• Pay a reinstatement fee of at least $150 (up to $500).

Additional DUI offenses

All of the above plus serving five years of the revocation period before being eligible to apply for a hardship license and a five-year ignition interlock requirement on all vehicles you own and drive.

IID Calibrations

The state of Florida requires calibrations every 30 days for all ignition interlock devices. A calibration consists of exchanging your current device for a newly calibrated one, ensuring accurate and consistent testing. Learn more about interlock device calibrations.

Intoxalock offers quick exchange calibrations to its customers in the state of Florida. When your current device is due for calibration, the LED screen will display a message alerting you it is time to contact Intoxalock and order your new device. After placing your order, simply visit your selected service center during the allotted calibration period and a technician will quickly exchange the device.

Installing Your Ignition Interlock Device

Intoxalock has more than 300 authorized service center locations throughout Florida. Our customer service representatives work with you to find a location closest to you and help you understand your ignition interlock requirements. For questions about installing a device or interlock pricing in Florida, please call 833-623-0200 so one of our state experts can help get you back on the road.