Drunk and drugged driving laws in Florida

By the end of this topic you can

• You can state Florida's legal alcohol limits for drivers 21 and over and for drivers under 21.
• You can explain what implied consent means and what refusing a test costs.
• You can describe the main penalties for a first DUI conviction.
• You can explain why prescription drugs and cannabis can also lead to DUI.
• You can plan a safe way home that does not involve impaired driving.

What you need to know and understand

• DUI means driving or being in actual physical control of a vehicle while your normal faculties are impaired, or with a blood or breath alcohol level of 0.08 or more.
• Impairment by any controlled substance, or certain chemical substances, is also DUI.
• For drivers under 21, a blood or breath alcohol level of 0.02 or more means a 6-month suspension for a first offense, 1 year if suspended under this rule before.
• Under 21, a level of 0.05 or more keeps the suspension in place until you complete a substance abuse course from a licensed DUI program.
• By driving in Florida you are deemed to consent to an approved breath test after a lawful DUI arrest.
• Refusing a test means a 1-year suspension, or 18 months if you have refused before.
• A first DUI conviction carries a fine of $500 to $1,000, up to 6 months in jail and license revocation of 180 days to 1 year.
• Penalties are higher with a level of 0.15 or more, or with a passenger under 18 in the vehicle.

Two limits: 0.08 and 0.02

At 21 and over, a reading of 0.08 or more is DUI by itself, but you can also be convicted below 0.08 if your normal faculties are impaired. Under 21, Florida applies zero tolerance: an officer suspends your license on the spot at 0.02 or more, takes your license and gives you a 10-day temporary permit. You have 10 days to ask FLHSMV to review the suspension.

For a teen, a single drink can be enough to reach 0.02. The only safe number is zero.

Drugs, medicine and cannabis

Florida's DUI law covers any substance controlled under the state drug law when it impairs your normal faculties. That includes cannabis, even where it was obtained legally for medical use, and many prescription or over-the-counter medicines that cause drowsiness. Read medicine labels, ask a pharmacist, and do not drive if a drug affects you.

What a DUI can cost you

• First conviction: fine of $500 to $1,000, up to 6 months in jail, and revocation of 180 days to 1 year.
• Higher fines and jail terms if your level was 0.15 or more, or a minor was in the car.
• Second conviction: higher fine and an ignition interlock device for at least 1 year.
• Third conviction within 10 years of a previous one: a felony.
• Refusing a breath test after a lawful arrest: 1-year suspension for a first refusal.

Common mistakes

• Believing coffee, a cold shower or food will sober you up. Only time lowers your alcohol level.
• Thinking you are fine because you feel fine. Impairment starts well before you feel drunk.
• Assuming a medical cannabis card makes it legal to drive high. Impairment is still DUI.
• Riding with a driver who has been drinking. Arrange a sober driver or another ride before you go out.

Test yourself: Drunk and drugged driving laws in Florida

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Florida Texting and Driving Law and Hands-Free Zones
• Florida 50 Hour Driving Certification
• Florida Permit Test