The DUI Stop
Fla. Stat. 316.193 — 0.08, implied consent, and a refusal that is itself a crime
In Florida, a person is guilty of driving under the influence if driving or in actual physical control of a vehicle while under the influence of alcohol or a controlled or listed chemical substance to the extent that normal faculties are impaired, or with a blood alcohol level of 0.08 or more grams per 100 milliliters of blood, or a breath alcohol level of 0.08 or more grams per 210 liters of breath.
| A first conviction | What the statute sets |
|---|---|
| A first convictionFine | What the statute setsNot less than $500 or more than $1,000 |
| A first convictionJail | What the statute setsNot more than 6 months |
| A first convictionProbation and service | What the statute setsProbation of up to 1 year, with at least 50 hours of public service or community work |
| A first convictionWith a level of 0.15 or higher, or a passenger under 18 | What the statute setsHigher penalties the statute sets |
Refusing the breath or urine test is itself a misdemeanor in Florida. A driver lawfully arrested for driving under the influence is deemed to have consented to a breath test, and to a urine test for chemical or controlled substances. The driver is told that refusing a lawful breath test suspends the privilege to drive for 1 year, or 18 months after a prior suspension, and is a second degree misdemeanor, or first degree after a prior refusal. A refusal after that warning is punished as that warning says.
| The administrative suspension | The period |
|---|---|
| The administrative suspensionA first refusal | The period1 year |
| The administrative suspensionA refusal after a prior refusal suspension | The period18 months |
| The administrative suspensionA level of 0.08 or higher, first time | The period6 months |
| The administrative suspensionA level of 0.08 or higher, after a prior suspension under the section | The period1 year |
The officer takes the license and issues a 10 day temporary permit if the driver is otherwise eligible. The driver may request a formal or informal review of the suspension within 10 days after the notice issues. The administrative suspension and the criminal case do not decide each other.
Sources for this section (4)
- Fla. Stat. 316.193 — Driving under the influence; penalties
- Fla. Stat. 316.1932 — Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal
- Fla. Stat. 316.1939 — Refusal to submit to testing; penalties
- Fla. Stat. 322.2615 — Suspension of license; right to review
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.