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Florida DUI Charges

Florida DUI law (§ 316.193) makes it illegal to drive impaired or with a BAC of 0.08 or more. Penalties escalate: a third DUI within 10 years is a third-degree felony, and a fourth is a felony regardless of timing. Implied consent (§ 316.1932) means refusal suspends your license. Because § 316.656 bars withholding adjudication for DUI, a DUI is always a conviction — so it can never be sealed or expunged. Confirm current penalties.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice, and Florida’s DUI penalties are detailed and frequently amended — confirm the current numbers against the statute and talk to a Florida attorney.

Driving under the influence (DUI) is one of the most common — and most consequential — Florida charges.

What’s illegal

Under § 316.193, it’s unlawful to drive while impaired or with a blood/breath alcohol concentration of 0.08 or more. Commercial drivers face a lower limit of 0.04 — that limit lives in § 322.62, not § 316.193.

Penalties escalate — and DUI can become a felony

Penalties increase with each offense (§ 316.193) — confirm current amounts:

  • A first DUI can carry up to 6 months and a $500–$1,000 fine.
  • A third DUI within 10 years is a third-degree felony.
  • A fourth or subsequent DUI is a third-degree felony regardless of timing.

By driving in Florida you’ve given implied consent to testing (§ 316.1932). Refusing a test suspends your license for 1 year (18 months if you’ve previously had a suspension for refusal), and a second refusal is itself a first-degree misdemeanor.

A DUI can’t be sealed or expunged

This is important: a Florida DUI can never be sealed or expunged. Sealing and expunction require that adjudication was withheld, but § 316.656 bars any court from withholding adjudication for DUI. That makes a DUI always a conviction — so it falls outside the sealing and expunction rules entirely.

To get matched with a local Florida DUI attorney, connect with a lawyer. See also the Florida criminal defense hub.

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Frequently asked questions

What's the legal BAC limit in Florida?
0.08 or more for most drivers (§ 316.193). Commercial drivers face a 0.04 limit, which appears in § 322.62 rather than § 316.193. You can also be charged for being impaired.
When does a Florida DUI become a felony?
A third DUI within 10 years is a third-degree felony, and a fourth or subsequent DUI is a third-degree felony regardless of timing (§ 316.193). Confirm current penalty amounts against the statute.
Can a Florida DUI be sealed or expunged?
No. Sealing and expunction require that adjudication was withheld, but § 316.656 bars any court from withholding adjudication for DUI. A DUI is always a conviction, so it can never be sealed or expunged.

Sources

Related guides

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