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Florida DUI Laws: What You Need to Know in 2025

The Bonderud Law Firm

Driving under the influence (DUI) is one of the most commonly charged crimes in Florida — and one of the most misunderstood. A DUI conviction can carry serious consequences, including jail time, license suspension, and a permanent criminal record.

At The Bonderud Law Firm, we help clients navigate the complex DUI process and fight for the best possible outcome. Here’s what you need to know about Florida’s DUI laws as of 2025.


What Qualifies as DUI in Florida?

Under Florida Statute § 316.193, a person is guilty of DUI if they are driving or in actual physical control of a vehicle while:

  • Their blood alcohol concentration (BAC) is 0.08% or higher, or
  • Their normal faculties are impaired by alcohol, drugs, or a combination of both

This means you can be charged even without a breath test if the officer believes you are impaired based on observation or field sobriety tests.


First-Time DUI Penalties

A first DUI conviction in Florida may result in:

  • Up to 6 months in jail
  • License suspension for 6–12 months
  • Fines ranging from $500 to $1,000
  • Mandatory DUI school and community service
  • Possible ignition interlock device (IID) if BAC was over 0.15% or a minor was in the vehicle

Even a first offense creates a permanent criminal record if adjudication is not withheld.


Aggravating Factors and Enhanced Penalties

Penalties increase if:

  • Your BAC was 0.15% or higher
  • You had a minor passenger
  • There was property damage or injury
  • You have prior DUI convictions

A second DUI within 5 years carries mandatory jail time and longer license revocation. A third DUI within 10 years is a felony.


Administrative vs. Criminal DUI Consequences

When you’re arrested for DUI, there are two separate processes:

  1. Administrative license suspension by the DMV
    • You only have 10 days to request a formal review hearing or hardship license
  2. Criminal prosecution through the court system
    • This determines fines, jail, probation, and other penalties

An attorney can help you fight both.


Can You Beat a DUI Charge?

Yes — with the right legal strategy. DUI cases can be challenged on many grounds, including:

  • Unlawful traffic stops
  • Faulty breathalyzer calibration
  • Improper administration of field sobriety tests
  • Lack of probable cause for arrest

Don’t Face a DUI Alone

DUI cases move fast, and the consequences are long-lasting. At The Bonderud Law Firm, we aggressively defend clients facing DUI charges, challenge weak evidence, and negotiate favorable resolutions.

If you’ve been arrested for DUI in Florida, contact us today to schedule a consultation and protect your future.

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