Florida DUI at a glance: the numbers that decide a case

Every number on this page comes from the Florida Statutes or from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), and each one was checked against the official text on October 18, 2026. They are the limits the law sets, not a forecast for any one case. How a case moves from the stop to a verdict is on our main DUI defense page.

What are the key Florida DUI numbers?

• 0.08: a breath or blood alcohol level of 0.08 or more is a DUI by itself, even without proof of impaired faculties (s. 316.193(1)(b), (c)).
• 0.15: a level of 0.15 or more raises the fine and jail ranges and requires an interlock (s. 316.193(4)).
• 0.15 again: a judge may not accept a plea to a lesser offense from a driver tested at 0.15 or more (s. 316.656(2)(a)).
• 0.05: at 0.05 or less a driver is presumed not impaired; above 0.05 and below 0.08 there is no presumption either way (s. 316.1934(2)(a), (b)).
• 0.02: a driver under 21 at 0.02 or more loses the license for 6 months on a first violation (s. 322.2616).
• 0.025: an ignition interlock keeps the car from starting above 0.025 percent, or a level the court sets (s. 316.1937(1)).
• 10 days: the time to request a formal or informal review of the license suspension, or a restricted license; the temporary permit expires at midnight on the 10th day (s. 322.2615(1)(b)3., 4.).
• 30 days: FLHSMV must schedule a formal review within 30 days of the request, or the suspension is invalidated (s. 322.2615(6)(a), (9)).
• 6 months, 1 year, 18 months: the arrest suspension for 0.08 or more, for a first refusal, and for a refusal after an earlier refusal suspension (s. 322.2615(1)(b)1.).
• 50 hours: the minimum community service on a first conviction (s. 316.193(6)(a)).
• 180 days: the minimum revocation after a first conviction, up to 1 year (s. 322.28(2)(a)1.).
• 10, 30, 90 days: vehicle impoundment or immobilization after a first, second and third conviction (s. 316.193(6)).
• 12 and 21 hours: the minimum classroom time for Level I and Level II DUI school, according to FLHSMV.
• $135: the court cost added to every DUI fine (s. 938.07).
• 4 years: the mandatory minimum prison term for DUI manslaughter (s. 316.193(3)).

How do the numbers line up after an arrest?

A DUI runs on two tracks at once, and each has its own clock. The license track belongs to FLHSMV and starts on the night of the arrest. The criminal track belongs to the county court in the county where the stop happened, such as the Fifteenth Judicial Circuit's courts in Palm Beach County or the Seventeenth's in Broward, and it is prosecuted by the State Attorney for that circuit. The local courts are described on our Palm Beach County page. Broward's are on our Broward County page.

1. The arrest. The officer takes the license and issues a notice of suspension and, if the driver is otherwise eligible, a 10-day temporary permit (s. 322.2615(1)(a)). Within 5 days the officer sends the license and paperwork to FLHSMV.
2. Day 1 to day 10. The driver asks for a formal review, an informal review, or, if eligible, a restricted license right away. A request does not pause the suspension (s. 322.2615(9)). Our page on keeping your license within 10 days of a DUI arrest walks through each choice.
3. Within 30 days of a formal review request. The hearing must be scheduled; what happens there is covered in the DUI formal review hearing.
4. After 30 or 90 days. If the suspension is upheld, a business or employment license becomes possible 30 days after the last permit expired for 0.08 or more, or 90 days for a refusal (s. 322.2615(10)).
5. The criminal case. Arraignment, discovery and either a resolution or a trial in county court. The penalty ranges below apply only after a conviction.
6. Sentencing. The court must adjudicate guilt; withholding adjudication is not allowed for DUI (s. 316.656(1)). It then imposes the fine, probation with DUI school, community service, impoundment and any interlock, and revokes the license under s. 322.28.

Fines and jail by conviction

Where a minimum jail term applies, at least 48 hours of it must be served consecutively (s. 316.193(6)(b), (c)). The felony limits come from ss. 775.082(3)(e) and 775.083(1)(c). The full penalty picture, including crashes, is on our page about Florida DUI penalties.

License suspensions, revocations and waiting periods

A driver whose license has never been suspended under s. 322.2615, never been disqualified under s. 322.64 and who has no DUI conviction can ask for a restricted license right away instead of a review (s. 322.271(7)). FLHSMV's summary of the law adds that there is no hardship reinstatement after two or more refusals. Who qualifies, and what the application needs, is on our page about a hardship license after a DUI.

Ignition interlock, DUI school and the car

The interlock goes on every vehicle the person owns or leases and routinely drives, at the person's own expense (s. 316.193(2)(a)3., (4)(c)). Our page on ignition interlock after a Florida DUI covers installation and the "P" restriction. DUI school is ordered on every conviction, with a psychosocial evaluation and any treatment it recommends (s. 316.193(5)); where to take it is listed in DUI school in Palm Beach and Broward County. An impoundment order must be dismissed if the owner's family has no other private or public means of transportation (s. 316.193(6)(g)), as explained in what happens to your car after a Florida DUI.

What does a refused breath test add?

Refusing a breath or urine test brings a 1-year suspension on the spot, or 18 months after an earlier refusal suspension. Under the current text of s. 316.1939, amended in 2025, a first refusal is also a second-degree misdemeanor when the officer had probable cause, the driver was under lawful arrest for DUI, and the driver was told both that the license would be suspended and that refusing is a misdemeanor. A second-degree misdemeanor carries up to 60 days in jail and a $500 fine (ss. 775.082(4)(b), 775.083(1)(e)). With a prior refusal suspension, or a prior boating refusal fine, the new refusal is a first-degree misdemeanor, up to 1 year and $1,000. The license case and the criminal refusal charge do not control each other (s. 316.1939(2), (3)). The rules, the warnings and the defenses are on our page about refusing the breath test in Florida.

What changes the answer?

• Dates of prior convictions. The 5-year and 10-year windows run from a prior conviction to the new offense, not from arrest to arrest (s. 316.193(2)(b), (6)(b), (c)).
• Out-of-state priors. A DUI conviction from another state counts for the revocation periods (s. 322.28(2)) and the interlock periods (s. 322.2715(2)).
• The reading or a child in the car. Either moves the case into the s. 316.193(4) brackets and makes the interlock mandatory. The passenger rule is explained in what happens if a child was in the car during a Florida DUI.
• A crash. Property damage or injury makes it a first-degree misdemeanor; serious bodily injury a third-degree felony; a death DUI manslaughter (s. 316.193(3)). See how damage or injury changes a DUI charge.
• Age. Under 21, the separate 0.02 rule applies, explained in what happens when a driver under 21 is stopped after drinking.
• A program instead of a conviction. In Palm Beach County some first-time drivers are accepted into the State Attorney's first-time DUI program, which, for those accepted, ends with a plea to reckless driving and a nolle prosequi on the DUI charge.

A worked example

For example, take a hypothetical first-time driver with no record who is arrested in Boca Raton and blows 0.16. On the license side, the arrest brings a 6-month suspension and 10 days to choose a review or, because she has no prior suspension or DUI, a restricted license right away. On the criminal side, 0.16 is above 0.15, so if she is convicted the fine range is $1,000 to $2,000 plus the $135 court cost, jail of up to 9 months is possible, and an interlock of at least 6 continuous months is mandatory. The judge also could not accept a plea of guilty to a lesser offense because the reading was 0.15 or more (s. 316.656(2)(a)). Separately, the Palm Beach County State Attorney's first-time DUI program lists a tier for readings from 0.150 to 0.200; for a driver the State Attorney accepts, it ends with a reckless driving plea and a nolle prosequi on the DUI charge. If convicted of DUI, she would add at least 50 hours of community service, probation of up to 1 year, Level I DUI school, a 10-day impoundment and a revocation of 180 days to 1 year. Had she blown 0.12, the fine range would drop to $500 to $1,000 and the interlock would become the court's choice. The person and the result are invented to show how the numbers combine.

Common mistakes with the numbers

• Counting business days. The 10 days are counted from the notice date, and the permit expires at midnight on the 10th day.
• Treating the arrest suspension and the conviction revocation as one; they are separate.
• Counting a prior from its arrest date instead of its conviction date.
• Forgetting that a reading of 0.15 or more blocks a plea to a lesser offense.
• Expecting a withheld adjudication, which s. 316.656(1) forbids for DUI.
• Starting DUI school and not finishing it; under s. 322.291 a driver who does not complete it within 90 days after reinstatement is reported by the DUI program, and FLHSMV cancels the license.

What to do this week

1. Find the date on the notice of suspension and count 10 days.
2. Write down the breath or blood result shown on the paperwork, and whether anyone under 18 was in the car.
3. List the dates of any earlier DUI arrests and convictions, in any state.
4. Decide, with advice, between a review and a restricted license before day 10.
5. List every vehicle titled in your name.
6. Check the first court date with the Clerk and keep every paper you were given.

Frequently asked questions

Is 0.08 the only way to prove a DUI in Florida?

No. A driver can also be convicted on proof that alcohol or a controlled substance impaired his or her normal faculties (s. 316.193(1)(a)). Drug cases are covered in a DUI for marijuana or prescription drugs. The law also reaches a person in "actual physical control" of a vehicle, explained in whether you can get a DUI in a parked car.

Can the community service be replaced with a fine?

Only in limited cases. The court may order $10 for each hour instead, but only if it finds that the person's residence or job would make the service an undue hardship (s. 316.193(6)(a)).

How long does a DUI stay on a Florida driving record?

FLHSMV says alcohol-related entries have a 75-year retention period. Clearing the criminal record is a separate question, explained in whether a DUI can be sealed or expunged.

What insurance is required after a conviction?

Liability limits of $100,000 per person, $300,000 per crash and $50,000 for property damage, kept for at least 3 years (s. 324.023). The details are in FR-44 insurance after a Florida DUI.

How much does the whole case cost?

The fine is only part of it; court costs, DUI school, the interlock, impound fees and insurance add up. Our page on how much a DUI costs in Florida lists each item.

When is a DUI a felony?

A third conviction within 10 years of a prior one, any fourth conviction, a crash causing serious bodily injury, and DUI manslaughter are felonies (s. 316.193(2)(b), (3)). Those cases are covered on our felony DUI page.

How can Mr. Mead help?

The numbers above are the outer limits; whether any of them applies depends on the stop, the testing and the evidence. Mr. Mead has more than three decades of criminal defense in South Florida, and he can review the notice of suspension, the test results and the reports with you before the 10-day deadline passes. Every case is different, and no result can be promised. The consultation is free, and you can call 24 hours at (561) 362-6677.

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