"Most people facing a DUI don't need a lecture — they need clear answers, fast."
— Carolle El-Naffy
TL;DR – Below are plain-English answers to the questions we hear most about Florida DUIs. This is general information, not legal advice for your specific case — for that, talk to a lawyer. For a full walkthrough, see our DUI Lawyer in Miami: Complete Guide.
The Basics
What is the legal BAC limit in Florida?
For most drivers, the limit is 0.08. For commercial drivers (CDL) it is 0.04, and for drivers under 21 it is 0.02 under Florida's zero-tolerance law.
Can I be charged with a DUI below 0.08?
Yes. Under Florida Statute 316.193, the state can convict you on proof that your normal faculties were impaired, even without a 0.08 reading. A breath test is not required for a DUI charge.
Is it called DUI or DWI in Florida?
Florida uses the term DUI — driving under the influence. There is no separate "DWI" offense in Florida law.
Can I get a DUI without actually driving?
Yes. Florida law reaches "actual physical control" of a vehicle. If you are in the driver's seat with the keys accessible — even parked or asleep — you can be charged, though physical control is often a strong point of defense.
Breath Tests and Field Sobriety
Can I refuse a breath test in Florida?
You can, but Florida's implied-consent law means a refusal triggers an automatic license suspension — one year for a first refusal. A second refusal is a separate misdemeanor charge on top of the DUI.
Are field sobriety exercises mandatory?
In most cases they are voluntary. Officers rarely explain that, and performance is affected by nerves, footwear, uneven surfaces, and medical conditions — which is why the results are frequently challenged.
How accurate is the breathalyzer?
Florida uses the Intoxilyzer 8000. Its results depend on proper calibration, maintenance, and a required 20-minute observation period. When those procedures aren't followed, the reading can be challenged or excluded.
Your License
Will my license be suspended after a DUI arrest?
Usually yes — an administrative suspension through the DHSMV begins almost immediately, separate from the criminal case. You have only 10 days from the arrest to request a formal review hearing to protect it.
What is the 10-day rule?
It means you have just 10 days from the date of arrest to demand a hearing challenging the administrative license suspension. Miss that window and you lose a key opportunity to keep driving, even before your criminal case is resolved.
Can I get a hardship license after a DUI?
Often yes. Florida allows a hardship (business-purposes or employment-purposes) license in many cases, but eligibility depends on the offense, whether you refused testing, and enrollment in DUI school.
How long does a DUI stay on my record in Florida?
A DUI conviction stays on your Florida driving record for 75 years — effectively permanent — and it cannot be sealed or expunged.
Penalties
Is a first DUI a felony in Florida?
No. A first DUI is a misdemeanor. It can become a felony if there is serious bodily injury or death, if it is a third DUI within 10 years, or a fourth DUI ever.
What are the penalties for a first DUI in Florida?
A first conviction can carry a $500–$1,000 fine, up to six months in jail, 50 hours of community service, up to a year of probation, vehicle impoundment, and at least a 180-day license revocation, plus mandatory DUI school.
When does a DUI become a felony?
A DUI is charged as a felony for a third offense within 10 years, a fourth offense at any time, any DUI causing serious bodily injury, or DUI manslaughter.
What is DUI manslaughter?
DUI manslaughter is a second-degree felony that applies when a DUI causes someone's death. It carries a four-year mandatory minimum prison sentence.
Insurance, Jobs, and Special Situations
What is FR-44 insurance?
FR-44 is a Florida certificate proving you carry high liability coverage limits after a DUI. It is required to reinstate your license and typically raises your premiums for about three years.
How much will a DUI raise my insurance?
It varies by insurer and history, but a DUI usually increases premiums substantially and can last several years, largely because of the FR-44 requirement.
Will a DUI affect my job or professional license?
It can. A DUI may affect jobs that require driving, and it can trigger reporting or disciplinary issues for professional licenses such as nursing, real estate, or law.
How does a DUI affect a CDL?
A DUI disqualifies a commercial driver's license for at least one year — even if you were driving your personal vehicle at the time. A second disqualifying offense can result in a lifetime CDL disqualification.
Can a DUI be expunged or sealed in Florida?
No. A DUI conviction cannot be sealed or expunged in Florida. (A DUI arrest that never results in a conviction may sometimes qualify, but a conviction is permanent.)
What happens with an out-of-state DUI?
Florida shares DUI information with other states, so a Florida DUI can affect your home-state license, and an out-of-state visitor arrested here still goes through the full Florida process. Handling both the local case and the license impact matters.
Do I really need a lawyer for a first DUI?
Given the license deadline, the FR-44 cost, the permanent record, and the collateral effects on jobs and insurance, a first DUI is worth defending. A lawyer can challenge the stop, the testing, and the paperwork the state relies on.
Have a Question That Isn't Here?
Every DUI case turns on its own facts. Carolle El-Naffy answers your specific questions, protects your license before the 10-day deadline, and challenges the state's case from day one.
Call (305) 456-7576 75 Valencia Ave, Suite 800, Coral Gables, FL Confidential consultations available
