Legislative Information

The FIDC carefully follows and tracks legislation related to impaired driving. This summary of Florida DUI law was prepared by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and should be used for reference only. Please refer to the full text of any laws referenced below for complete and comprehensive legal information.

Driving under the influence; penalties (316.193(2)(a)-(b), (4)(a))

Under Florida law, Driving Under the Influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one offense, proved by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

To review the complete statutory language, please refer to section 316.193(2)(a)-(b), (4)(a), Florida Statutes , or visit the Florida Department of Highway Safety and Motor Vehicles’ (DHSMV) Florida DUI and Administrative Suspension Laws website for more information.

Suspension of license; persons under 21 years of age; right to review (322.2616)

DUI Drivers under the age of 21 with a blood alcohol level of 0.02 percent or more will have their license immediately suspended for six months. This administrative action is for a first offense. A second offense will result in a one-year suspension. A first offense for refusal to submit to breath, urine, or blood test will result in a 12-month suspension. A second offense will result in an 18-month suspension.

To review the complete statutory language, please refer to section 322.2616, Florida Statutes , or visit the Florida Department of Highway Safety and Motor Vehicles’ (DHSMV) Teens & Young Adults with DUIs website for more information.