Ignition Interlock Laws in Florida
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DUI Laws in Florida
DUI and ignition interlock device (IID) regulations vary significantly across the United States, reflecting a patchwork of state-specific approaches to addressing impaired driving. Each state has different criteria for the installation of IIDs for DUI offenders, the duration of IID installation, procedures for IID removal, and penalties for tampering with the device. To ensure compliance with local laws, it is crucial to check with your state officials and continue reading relevant resources on the webpage for the most accurate and up-to-date information.
What to Know
- If your BAC is above .08% or you refuse a BAC test, your license will be confiscated immediately, and it will be suspended or revoked before any criminal conviction.
- You can drive with a temporary permit for 10 days and must request a hearing during that time to challenge the suspension. If no hearing is requested, the suspension begins on the 11th day and lasts for 6 months (with potential for a work permit after 30 days for first-time offenders).
- If your BAC is above .15%, courts will require you to install an ignition interlock device, even if it’s your first offense.
Florida DUI Resources
If you need to regain your license in Florida, Guardian can guide you through the process quickly and affordably.
Every situation and state is unique, please consult with your attorney or your state licensing authority to confirm your requirements and obligations.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites for the convenience of our readers. Links from Guardian Interlock to other sites, or from other sites to the LifeSafer, do not constitute an endorsement by Guardian Interlock.
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Administrative License Revocation (ALR) Procedures
Florida Division of Motor Vehicles (DMV)
Florida is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial.
You will be given a 10-day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. An administrative law judge will hear this case. If you do not request a hearing, your license will be automatically suspended on the 11th day for 6 months, although first-time offenders can request a work permit after 30 days. After the suspension period, you will be required to get an ignition interlock device, if your BAC is above .15, even if it is your first offense.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a significant influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
Judicial Procedures
In Florida, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .15% or higher, even if it is the first offense.
You can also learn more about Florida ignition interlock laws from our partners at LifeSafer.
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License Revocation, Fines, and Jail in Florida
| Offense | Jail Time | Fines | License Revocation | IID Duration | Community Service | Program | Probation |
|---|---|---|---|---|---|---|---|
| First Misdemeanor | up to 6 months | $500 – $1,000 | 180 days – 1 year | 6 months | 50 hours or additional fine of $10 per hour of community service | mandatory DUI school and evaluation for treatment | up to 1 year |
| Second Misdemeanor | up to 9 days, minimum 10 days if within 5 years of first offense | $1,000 – $2,000 | minimum of 5 years if within 5 years of the first offense | 1+ year | discretionary by the court, typically more severe than the first offense | mandatory DUI school and evaluation for treatment | up to 1 year |
| Third Felony | up to 12 months | $2,000 – $5,000 | minimum of 10 years if within 10 years of the first offense | 2+ years | discretionary by the court, typically more severe than the second offense | mandatory DUI school and evaluation for treatment | up to 1 year |
| Fourth and Subsequent Felony | up to 5 years (state prison) | $2,000+ | permanent revocation (may be eligible for hardship reinstatement after 5 years) | at least 2 years, if hardship reinstatement is granted | discretionary by the court | mandatory DUI school and evaluation for treatment | discretionary by the court |
Florida DUI Proceedings
Florida has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.