A Florida DUI arrest sets two clocks running at once: a criminal case in court and an administrative attack on your driver license at the Department of Highway Safety and Motor Vehicles (DHSMV). The most important thing to know on day one is that you have only 10 days to act on the license side — miss it and the suspension becomes automatic. This guide explains how Florida DUI law works, what penalties to expect, and the defenses that lawyers raise.
This is general legal information, not legal advice. DUI penalties and procedures change, and every case depends on its facts. Talk to a Florida DUI lawyer about your situation quickly, because the early deadlines are unforgiving.
What counts as DUI in Florida
Under Fla. Stat. § 316.193, you commit DUI if you are driving or in actual physical control of a vehicle while either (1) impaired by alcohol or a controlled substance to the point your normal faculties are affected, or (2) your blood- or breath-alcohol level is 0.08 or higher. “Actual physical control” means you can be charged even if the car was parked, if you were capable of operating it. For drivers under 21, Florida’s zero-tolerance rule sets the limit at 0.02, and commercial drivers face a 0.04 limit.
Implied consent and the breath test
By driving on Florida roads you have already given implied consent to a lawful breath, blood, or urine test (Fla. Stat. § 316.1932). Refusing a test triggers an automatic license suspension — one year for a first refusal and 18 months for a later one — and a second refusal is itself a separate misdemeanor. Officers are supposed to read the implied-consent warning before the test. Whether a refusal helps or hurts depends on the facts, and that is a decision worth discussing with counsel.
The 10-day license deadline (DHSMV formal review)
When you are arrested for DUI with an unlawful breath result or for a refusal, the officer typically takes your license and issues a citation that doubles as a temporary permit. The DHSMV moves to suspend your license administratively — this is separate from anything that happens in criminal court. You have 10 days from the date of arrest to request a formal review hearing to challenge that suspension (Fla. Stat. § 316.1932 and related DHSMV rules). If you do not request the hearing in time, the suspension takes effect automatically. Requesting the hearing also lets you obtain a temporary business-purposes permit while the review is pending. This deadline is the single most common right that DUI defendants lose by waiting.
Criminal penalties and how they escalate
DUI penalties under Fla. Stat. § 316.193 climb with each offense and with aggravating facts. The figures below are statutory baselines that adjust over time, so confirm the current text:
| Offense | Typical penalties |
|---|---|
| First DUI | Up to 6 months jail, $500–$1,000 fine, up to 1-year probation, 50 hours community service, vehicle impound, license revocation. |
| First DUI, BAC 0.15+ or minor in car | Up to 9 months jail, higher fine ($1,000–$2,000), mandatory ignition interlock. |
| Second DUI | Up to 9 months jail (mandatory jail if within 5 years), interlock, longer revocation. |
| Third DUI within 10 years | Third-degree felony, up to 5 years prison, mandatory minimum jail. |
| DUI with serious bodily injury | Third-degree felony. |
| DUI manslaughter | Second-degree felony, up to 15 years prison (4-year mandatory minimum). |
An ignition interlock device — a breath-tester wired to your ignition — is required after many DUIs, especially repeat offenses or a high BAC. The cost and monitoring fall on the driver.
Common DUI defenses
DUI cases are defensible, often on the procedure rather than the chemistry. Common challenges include: whether the officer had a lawful reason for the stop; whether the field sobriety exercises were properly administered; whether the breath machine (the Intoxilyzer) was maintained, calibrated, and operated under the required protocols; whether the implied-consent warning was read; and whether your medical conditions or rising-BAC timing skewed the result. Because Florida grades DUI on both impairment and the per-se 0.08 number, attacking the reliability of the test can be decisive.
How a DUI fits the bigger picture
A DUI is one charge inside the broader Florida criminal system — the same rules on first appearance, bail, and speedy trial apply. For the full landscape, including how cases move and how offenses are graded, see our hero guide on criminal defense in Florida and the related guide on your rights after an arrest in Florida. If a DUI is reduced or dismissed, you may later be able to pursue expungement or record sealing.
Frequently asked questions
Should I refuse the breath test?
There is no one-size answer. A refusal avoids creating a chemical number but triggers an automatic license suspension under Fla. Stat. § 316.1932 and, on a second refusal, a separate criminal charge. The right call depends on the facts — a question to raise with a lawyer.
What happens if I miss the 10-day deadline?
If you do not request the DHSMV formal review within 10 days of arrest, the administrative license suspension takes effect automatically and you lose the chance to challenge it through that process. The criminal case continues separately.
Can a first DUI be a felony?
Usually not. A first or second DUI is typically a misdemeanor under Fla. Stat. § 316.193. It becomes a felony with a third offense within 10 years, a fourth offense ever, or when it causes serious bodily injury or death.
Will I need an ignition interlock device?
Often, yes. Interlock is mandatory for many repeat offenders and for first offenders with a BAC of 0.15 or higher or a minor in the vehicle. The driver pays for installation and monitoring.
Find a Florida criminal defense attorney
Because a DUI puts both your freedom and your license at risk — with a 10-day clock on the license — getting advice quickly matters. A Florida DUI defense attorney can request the DHSMV hearing, challenge the stop and the testing, and work to minimize the consequences. Consider contacting a licensed Florida lawyer right away.