DUI Laws in Florida (2026): Harsh Penalties Just Got Harsher
Most people think a DUI is bad. They’re right. But in Florida, things just got way more serious. On October 1, 2025, everything changed. The state passed major new laws that make even refusing a breathalyzer test a criminal offense. Seriously. Let’s break down exactly what you’re facing if you get pulled over in Florida.
This isn’t just about fines anymore. We’re talking jail time, criminal records, and penalties that can follow you for decades.
What Is a DUI in Florida?
DUI means Driving Under the Influence. Pretty straightforward, right?
In Florida, you can get a DUI in two ways. First, if your blood alcohol concentration hits 0.08% or higher. Second, if alcohol or drugs impair your normal abilities, even if your BAC is under 0.08%.
Your “normal faculties” include seeing clearly, walking straight, judging distances, and making good decisions. If a cop thinks you can’t do these things properly, you can get arrested. Simple as that.
Hold on, this part is important. You don’t even need to be driving. Florida law says you just need to be in “actual physical control” of the vehicle. That means if you’re sitting in the driver’s seat with the keys in the ignition, even if the car isn’t moving, you could get charged with DUI.
BAC Limits in Florida
The standard limit is 0.08% for most drivers. But that’s not the whole story.
Commercial drivers face a 0.04% limit. If you’re under 21, Florida has a zero-tolerance policy. Any BAC of 0.02% or higher means license suspension. Yep, that’s all you need.
Wondering if you’re over the limit? Here’s the deal. Don’t drive. It’s that simple.
Trenton’s Law: The Game Changer
Okay, pause. Read this carefully.
On October 1, 2025, Florida passed House Bill 687. People call it Trenton’s Law. Named after Trenton Stewart, a college football player killed by a drunk driver in 2023.
This law changed everything about DUI penalties in Florida. Two major changes hit hard.
First, refusing a breath or urine test is now a crime. Used to be just an administrative penalty. Now it’s a second-degree misdemeanor. That means up to 60 days in jail and a $500 fine. Plus your license still gets suspended for a year.
Think about that. Just saying “no” to the breathalyzer can land you in jail.
Second, repeat DUI manslaughter got way more serious. A second DUI manslaughter conviction used to max out at 15 years. Now it’s 30 years mandatory. Judges have no choice. They must impose the full 30 years.
The message is clear. Florida is done playing around with repeat offenders.
First DUI Offense Penalties
Let’s talk about what happens if this is your first time getting caught.
You’re looking at fines between $500 and $1,000. If your BAC was 0.15% or higher, or if you had a minor in the car, fines jump to $1,000 to $2,000.
Jail time? Up to six months for a standard first offense. Nine months if you had that high BAC or a kid in the vehicle.
Your license gets suspended for six months to one year. The cop takes it right there at the arrest. You get a 10-day temporary permit. That’s it.
Here’s where it gets tricky. You have exactly 10 days from your arrest to request a hearing with the DMV. Miss that deadline? Automatic suspension. No chance to fight it.
You’ll also face 50 hours of community service. Or you can pay $10 for each hour instead. Your vehicle gets impounded for 10 days. And you must complete a DUI education program.
Most first offenders don’t go to jail if there are no aggravating factors. Judges often give probation instead. But don’t count on it.
Second DUI Offense
A second DUI is no joke.
Fines range from $1,000 to $2,000. With aggravating factors, that jumps to $2,000 to $4,000.
Jail time goes up to nine months. Twelve months if your BAC was high or a minor was present. If your second DUI happens within five years of the first, you face mandatory jail time. At least 10 days. And 48 hours must be consecutive.
License suspension lasts six months to one year. But if the second offense happens within five years of your first, you lose your license for five years minimum.
Your vehicle gets impounded for 30 days. And you must install an ignition interlock device for at least two years once you can drive again.
Pretty straightforward. The state wants to make sure you don’t do it again.
Third DUI Offense
This is where things get really serious.
If your third DUI happens within 10 years of your second, it becomes a felony. Third-degree felony. That’s no longer a traffic offense. It’s a serious crime.
You face mandatory jail time of at least 30 days. Up to five years is possible. Fines range from $2,000 to $5,000, or higher with aggravating factors.
Your license gets revoked for 10 years. After two years, you might be eligible for a hardship license. Might.
Vehicle impoundment lasts 90 days. Ignition interlock device required for at least two years.
A third DUI within 10 years changes your life. Permanently.
Fourth or Subsequent DUI
Any fourth DUI is automatically a felony. No matter how long it’s been since your last one.
You face up to five years in prison. Not jail, prison. Fines can reach $5,000 or more.
Permanent license revocation. You might never legally drive in Florida again. Courts can now permanently revoke driving privileges for certain repeat offenders under Trenton’s Law.
Most people don’t realize how strict these laws are. You’re not alone in that.
Aggravating Factors That Make It Worse
Certain circumstances make your penalties way harsher. Here’s what counts.
High BAC: If your BAC is 0.15% or higher, penalties double. Fines increase. Jail time increases. Ignition interlock becomes mandatory.
Minor in the vehicle: Having a passenger under 18 adds at least $1,000 to fines. Maximum jail time goes up. Ignition interlock is required.
Accidents causing damage: If you hit property, it’s a first-degree misdemeanor. Up to one year in jail and a $1,000 fine on top of regular DUI penalties.
Bodily injury: This becomes a third-degree felony. Up to five years in prison. Up to $5,000 in fines. Minimum three-year license revocation.
DUI manslaughter: Causing someone’s death is a second-degree felony. Four to 15 years in prison. Up to $10,000 in fines. Permanent license revocation.
Wait, it gets worse. If you cause death and leave the scene? First-degree felony. Up to 30 years in prison.
The Refusal Law: What You Need to Know
Under Trenton’s Law, refusing a breath or urine test is now criminal. This changed on October 1, 2025.
First refusal: Second-degree misdemeanor. Up to 60 days in jail. $500 fine. One-year license suspension.
Second or subsequent refusal: First-degree misdemeanor. Up to one year in jail. $1,000 fine. 18-month license suspension.
Before this law, many lawyers told clients refusing the test only meant losing your license. That calculation changed completely.
Now you’re facing criminal charges either way. Take the test and fail? DUI charge. Refuse the test? Criminal refusal charge plus DUI charge.
The refusal itself can be used as evidence against you. Prosecutors call it “consciousness of guilt.” They argue you refused because you knew you were drunk.
Blood tests are different. Refusing a blood test is still just administrative. No criminal charge. But you still lose your license.
License Suspension: What Happens Immediately
Your license gets suspended the moment you’re arrested. Not when you’re convicted. When you’re arrested.
The cop takes your physical license right there. You get a 10-day temporary permit. That’s all.
Here’s what you need to do. Within 10 days, request a formal review hearing with the Florida DMV. This is separate from your criminal case. Miss this deadline and your suspension becomes automatic.
First offense: 180 days to one year suspension.
Second offense: Six months to one year. Five years if within five years of first offense.
Third offense within 10 years: 10-year revocation.
Four or more DUIs: Permanent revocation possible.
First refusal: One-year suspension.
Second refusal: 18-month suspension.
These suspensions happen whether or not you’re convicted. They’re administrative, not criminal.
Hardship Licenses and Limited Driving Privileges
Florida offers hardship licenses for work, school, and essential activities. But you have to qualify.
First-time offenders: Can apply after completing DUI school. No waiting period usually required.
Second offense within five years: Must serve a one-year hard suspension first. No driving at all.
Third offense within 10 years: Must serve a two-year hard suspension first.
Four or more convictions: Permanently revoked. No hardship license available.
Refusal suspensions: First-time refusal may apply after 90 days. Second or subsequent refusals? Not eligible for the first 18 months.
Honestly, this is the part most people miss. The waiting periods before you can even apply.
Ignition Interlock Devices
An ignition interlock device is basically a breathalyzer for your car. You blow into it before the engine starts. If it detects alcohol, the car won’t start.
When it’s required:
- First DUI with BAC 0.15% or higher: Six months
- First DUI with minor in vehicle: Six months
- Second DUI: Two years minimum
- Third DUI: Two years minimum
- Any DUI after license reinstatement
You pay for installation. You pay for monthly monitoring. It’s not cheap.
Random retests happen while you’re driving. The device beeps. You have to pull over safely and blow again. Fail the retest and your car records it. That violation goes to the court.
Additional Penalties and Requirements
DUI convictions come with a bunch of other requirements. Here’s what else you face.
Probation: At least one year for first offense. Monthly reporting to a probation officer. No alcohol or drugs allowed during probation.
DUI school: Mandatory completion of a state-approved DUI education program. Usually 12 hours. You pay the fees.
Substance abuse treatment: Courts can order additional treatment if they think you need it. This can last months.
Community service: 50 hours minimum for first offense. More for subsequent offenses. Or pay $10 per hour instead.
Vehicle impoundment: 10 days for first offense. 30 days for second. 90 days for third within 10 years. Your car sits in an impound lot. You pay storage fees.
FR-44 insurance: Special high-risk insurance required for three years. Much more expensive than regular insurance. Expect your premiums to skyrocket.
A first-time DUI typically costs $8,000 to $10,000 total when you add everything up. That includes fines, fees, insurance increases, and program costs.
Special Rules for Commercial Drivers
Commercial drivers get hit especially hard. Your career is basically on the line.
BAC limit: 0.04% while driving any vehicle, commercial or personal.
First DUI conviction: One-year CDL disqualification. Three years if you were hauling hazardous materials.
Second DUI conviction: Lifetime CDL disqualification. Your commercial driving career is over.
These penalties apply even if you get a DUI in your personal vehicle on your day off. Doesn’t matter. You lose your CDL.
Underage DUI Rules
Florida has zero tolerance for underage drinking and driving. Literally zero.
If you’re under 21 and your BAC is 0.02% or higher, your license gets suspended. Six months for first offense. One year for second.
This isn’t a criminal charge for the first offense. But it’s still serious. If your BAC is 0.05% or higher, you must complete DUI education before getting your license back.
Refuse testing as a minor? One-year suspension. 18 months for a second refusal.
DUI and Boating
Trenton’s Law doesn’t just cover cars. It extends to boats too.
Boating under the influence carries the same penalties as DUI. A prior BUI or DUI conviction can turn a boating manslaughter case into a first-degree felony. Same 30-year maximum applies.
Refusing a chemical test during a boating stop? Same criminal penalties as refusing during a traffic stop.
What Happens After Arrest
Let’s walk through the timeline. This is what you can expect.
At arrest: Cop takes your license. You get a 10-day temporary permit. You go to jail. They hold you until you’re sober or eight hours pass, whichever comes first.
Within 10 days: Request a DMV hearing to challenge the license suspension. This is critical. Don’t miss this deadline.
Within 30-90 days: Arraignment in criminal court. You enter a plea.
3-7 months: Most cases resolve within this timeframe. Some take longer depending on circumstances.
Throughout this process, two separate systems run at the same time. The criminal case and the administrative license suspension. They’re independent. You can win one and lose the other.
Possible Defenses
Not every DUI arrest leads to conviction. There are defenses available.
Illegal traffic stop: If the cop didn’t have reasonable suspicion to pull you over, all evidence gets thrown out. The stop has to be legal.
Faulty field sobriety tests: These tests are subjective. Officers make mistakes. Medical conditions can affect performance. Bad weather. Uneven surfaces. All of this matters.
Breathalyzer problems: These machines need regular maintenance and calibration. If the device wasn’t properly maintained, results might be inaccurate. Officers also have to follow specific procedures.
Blood test issues: Chain of custody matters. How was the blood stored? Who handled it? Contamination can happen.
Rising BAC: Your BAC might have been under the limit while driving but rose by the time you were tested. This is a real defense.
A good lawyer looks for these issues. They exist in more cases than you’d think.
Can You Get Charges Reduced?
Sometimes. But not always.
Florida law prohibits reducing DUI charges in certain circumstances. If your BAC was 0.15% or higher, no reduction allowed. If you caused DUI manslaughter, no reduction. If you have prior DUI convictions, probably no reduction.
For other cases, prosecutors might negotiate. “Wet reckless” is a common reduction. That’s reckless driving involving alcohol. It’s still bad, but not as bad as DUI.
Whether you can get a reduction depends on the evidence. How strong is the state’s case? Did the cop follow procedures? Are there weaknesses in the testing?
An experienced DUI attorney knows what to look for.
Long-Term Consequences
A DUI conviction follows you forever. Literally.
Permanent criminal record: DUI convictions stay on your Florida driving record for 75 years. They cannot be sealed or expunged. Ever.
Employment impact: Background checks will show it. Many employers won’t hire someone with a DUI. Jobs requiring driving? Forget about it.
Insurance costs: Your premiums will skyrocket. FR-44 insurance is required for three years. Some companies won’t insure you at all.
Professional licenses: Teachers, nurses, doctors, lawyers. Many professional boards take disciplinary action for DUI convictions. You could lose your license to practice.
College and housing: Some colleges deny admission. Some landlords won’t rent to you.
Travel restrictions: Canada doesn’t let people with DUI convictions enter the country. Other countries have similar restrictions.
This one conviction affects everything. For decades.
What to Do If You’re Arrested
Here’s what you should do immediately after a DUI arrest.
First, stay calm. Be polite to the officer. Don’t argue. Don’t resist. Anything you say can be used against you.
Second, document everything. As soon as possible, write down what happened. Where were you? What did you eat or drink? When did you stop drinking? What did the officer say? What tests were performed?
Third, request a DMV hearing. You have 10 days. Don’t miss this deadline. It’s your only chance to challenge the administrative suspension.
Fourth, contact a DUI attorney immediately. Don’t wait. Time matters. Evidence needs to be preserved. Witnesses need to be interviewed. Surveillance footage gets deleted.
Fifth, don’t talk about your case. Not to friends. Not on social media. Nothing. Anything you say can come back to haunt you.
Don’t try to handle this yourself. The stakes are too high.
Can You Refuse Field Sobriety Tests?
Yes. Field sobriety tests are voluntary. You can politely decline them.
These are the tests where the cop asks you to walk a line, stand on one leg, or follow a pen with your eyes. You don’t have to do them.
Refusing won’t result in criminal charges. It won’t result in automatic license suspension. These tests are just tools cops use to gather evidence against you.
Breathalyzer and blood tests are different. Under Florida’s implied consent law, refusing those tests has serious consequences. But field sobriety tests? You can say no.
How Much Does a DUI Really Cost?
Let’s talk real numbers. A DUI is expensive. Way more expensive than people realize.
Court fines: $500 to $5,000 depending on offense.
Attorney fees: $2,500 to $10,000 or more for a good lawyer.
DUI school: $250 to $500.
Substance abuse treatment: $500 to $2,000.
License reinstatement fee: $130.
Ignition interlock device: $75 to $150 installation, plus $60 to $90 per month.
Vehicle impound fees: $20 to $50 per day.
Increased insurance: $3,000 to $5,000 per year extra for three years.
Lost wages: If you go to jail or do community service, you miss work.
Total for first offense: $8,000 to $15,000 easily. Sometimes more.
That doesn’t count the cost of losing your job. Or professional licenses. Or future opportunities.
Sound complicated? It is.
Frequently Asked Questions
Do you lose your license immediately after a DUI arrest? Yes. The officer takes your physical license and gives you a 10-day temporary permit. You must request a hearing within 10 days to challenge the suspension.
Can you refuse a breathalyzer in Florida? You can, but as of October 2025, it’s now a criminal offense. First refusal is a second-degree misdemeanor with up to 60 days in jail and a $500 fine, plus automatic one-year license suspension.
How long does a DUI stay on your record in Florida? 75 years. DUI convictions cannot be sealed or expunged in Florida. It’s permanent.
Can a first-time DUI be dismissed in Florida? Possible but rare. Your attorney must prove procedural errors, illegal stop, faulty equipment, or improper test administration. Most cases result in plea agreements rather than dismissals.
What happens if you get a DUI with a child in the car? Higher penalties. Minimum fines increase by $1,000. Maximum jail time increases. Ignition interlock device becomes mandatory even for first offense.
Final Thoughts
Florida DUI laws are no joke. They got even tougher in October 2025 with Trenton’s Law. Refusing a breath test is now criminal. Repeat DUI manslaughter carries mandatory 30-year sentences. The state is serious about cracking down.
If you’re arrested, get a lawyer immediately. Don’t try to handle it alone. The consequences are too severe and too permanent.
Stay informed, stay safe, and remember: calling an Uber is always cheaper than a DUI. Way cheaper.
References
- Florida Statute 316.193 – DUI Laws and Penalties https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/
- House Bill 687 (Trenton’s Law) – 2025 DUI Reforms https://www.flhsmv.gov/
- Florida Department of Highway Safety and Motor Vehicles – DUI Information https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/
- Florida Statute 316.1932 – Implied Consent Law http://www.leg.state.fl.us/statutes/
- Florida Criminal Punishment Code – Offense Severity Rankings http://www.leg.state.fl.us/statutes/