Florida DUI/DWI Laws: Penalties, Court Process, and Records

In Florida, DUI means driving or being in physical control of a vehicle while under the influence of alcohol, drugs, or other substances. The Sunshine State has specific laws that address impairment caused by alcohol and drugs, and its courts and DMV maintain permanent records of DUI cases.

This article discusses Florida's DUI laws, the penalties involved, the court process, how to search for records, and the duration a DUI remains on your record.

What Is a DUI in Florida?

According to Florida Statutes §316.193, DUI means driving or having actual physical control of a vehicle while being impaired by alcohol, drugs, or other substances.

In Florida, the legal limits for alcohol impairment are:

• 0.08% BAC or more for most drivers
• 0.04% BAC for commercial drivers
• 0.02% BAC for drivers under 21 (zero tolerance policy)

It is important to note that drivers can still face DUI charges if their ability to drive is affected by alcohol or drugs, even if their BAC is below the legal limits.

DUI Penalties in Florida

Florida increases penalties for each repeat offense within a 10-year look-back period.

• First DUI Offense:
  • First-time offenders can expect to pay a fine ranging from $500 to $1,000 (or $1,000 to $2,000 if their BAC is 0.15% or higher or if a minor is present).
  • This offense could lead to a possible jail sentence of up to 6 months (or 9 months if there are aggravating factors).
  • Each offender will have their license suspended for at least 180 days, which could extend up to 1 year, depending on the severity of the offense
  • Offenders might also be put on probation for up to 1 year
  • Typically, a first DUI offense attracts 50 hours of community service
  • There is a mandatory DUI school and possibly an ignition interlock device (IID)
• Second DUI Offense:
  • Offenders can expect to pay a fine ranging from $1,000 to $2,000 (or $2,000–$4,000 with aggravating factors)
  • This offense could lead to a possible jail sentence of up to 9 months (12 months if aggravating factors)
  • A mandatory 10-day jail sentence is required if the second offense occurs within 5 years of the first.
  • Each offender's license will be suspended for 5 years. However, the license may be reinstated after 1 year due to hardship
  • An ignition interlock device is mandatory for at least 1 year
• Third DUI Offense:
  • If the third offense occurs within 10 years of a prior conviction, it becomes a felony charge, with a potential prison sentence of up to 5 years
  • Fines range from $2,000 to $5,000
  • There is a minimum jail time of 30 days
  • The license will be revoked for 10 years, with possible hardship reinstatement after 2 years.
  • An IID is mandatory for at least 2 years.
• Fourth or Subsequent Offense:
  • This is classified as a felony DUI, with fines starting at $2,000
  • Jail time can be up to 5 years
  • The offender’s license will be permanently revoked

Aggravating factors include high BAC levels, accidents that cause injury or death, and DUI incidents involving minors in the vehicle. DUI manslaughter is considered a second-degree felony, which can lead to a prison sentence of up to 15 years.

DUI Arrest and Court Process in Florida

Florida DUI cases involve both administrative and criminal processes.

1. Traffic Stop and Arrest – Officers perform field sobriety tests and chemical tests. If a driver refuses, their license is immediately suspended under Florida’s implied consent law. In Florida, a person arrested for driving under the influence may not be released from custody. They will remain in custody until they are no longer impaired by alcohol or any chemical substance.
2. Booking and Charges – The driver is processed, and charges are filed against them.
3. Administrative Suspension (DMV) – A driver has 10 days to request a hearing to contest the automatic suspension of their license. It is important to note that the DMV's decisions will not be considered in any trial regarding the charges. Testimony or evidence from the administrative hearings or any written statements submitted during the request for administrative review cannot be used as evidence.
4. Arraignment – The accused appears in court, is informed of charges, and enters a plea.
5. Pre-Trial Hearings – The defense can file motions to suppress evidence or negotiate plea agreements.
6. Trial – If the case is not resolved, it proceeds to trial, where the state must demonstrate impairment beyond a reasonable doubt.
7. Sentencing – If found guilty, the judge will impose the required penalties.

Florida does not provide diversion programs for DUI offenses. However, in some cases, offenders can negotiate a plea bargain to reduce charges to reckless driving (often referred to as “wet reckless”).

How to Search for DUI Records in Florida

DUI records are considered public information in Florida. You can access these records via multiple systems:

• Florida Courts Online Portals: Each county maintains online search systems where DUI charges, court dockets, and outcomes can be found.
• Florida Department of Highway Safety and Motor Vehicles (FLHSMV): The department maintains official driver records, including DUI convictions, suspensions, and IID requirements. Drivers can request their own driving record.
• Clerk of Court Offices: You can obtain certified case files and sentencing documents from local clerk of court offices.
• Third-Party Background Check Services: Third-party providers offer a DUI record look-up service for a small fee. However, records might not always be officially accurate.

How Long Does a DUI Stay on Your Record in Florida?

Florida has one of the strictest DUI record policies in the U.S.:

• Criminal Record: A DUI conviction is permanent and cannot be expunged or sealed under Florida law.
• Driving Record: DUI convictions stay on a Florida driving record for 75 years, which means they are basically permanent for most drivers.
• Insurance and Employment: A DUI raises insurance costs for 3–5 years.

Since Florida does not allow DUI expungement, the long-term effects are usually severe. A DUI conviction in Florida can affect an individual's employment, professional licenses, and insurance costs.

In Florida, the official term for driving under the influence isDUI. The state has a strict no-tolerance policy for underage drivers. If an individual gets multiple DUI charges or has a serious case, it can lead to felony charges.

You can easily find records through court and DMV databases, and once someone is convicted of a DUI, it stays on their record forever. Drivers, employers, and legal researchers need to know about Florida's DUI laws because a conviction can have serious effects for the rest of a person's life.