DUI Laws, Limits, and Insurance in Florida
There are over 3,000 DUI arrests daily in the United States. These accidents make up over one-third of weekend car wrecks and one-sixth of weekday accidents. Though it is an offense that comes with significant consequences, it can happen to anyone.
Most first-time offenders made a choice that they thought was harmless: driving home from a party while a little buzzed. They could even have been the “most sober” out of a group of friends. However, even slight impairment can be noticeable to a police officer on close watch. But because driving while impaired is dangerous, even first-time offenses have life-altering consequences.
If you have a DUI in your record, you have the opportunity to move beyond the conviction and return to a normal life. With a first- or second-time offense, it’s possible to get back on the road with the help of non-standard vehicle insurance and a restricted license.
In Florida, there are specific state laws for DUI offenders. Even first-time DUIs result in a revoked license. If eligible, you can obtain a hardship driver’s license that allows you to go to school, work, and other basic amenities until your license suspension period is over.
To have your vehicle insured, you will need to use non-standard insurance. To obtain it, you must submit an FR-44 document to your insurance provider. The rates for this type of high-risk insurance are higher, and it will take some shopping around to find the best rates for DUI insurance in Florida.
An independent insurance agent can help you find the most competitive non-standard insurance plans and product package to help you. Contact us as soon as possible to get an up-to-date set of quotes from a wide range of carrier choices.
Under Florida law, driving under the influence is a serious offense. The driver must be caught operating a vehicle with a blood-alcohol level (BAC) of .08% or higher. If there is a level of .15% and above, there are even stronger consequences. The driver can also be impaired by chemical or controlled substances, which will be assessed at court.
The following data is a snapshot of the legal consequences for driving under the influence in Florida. For a complete explanation of what is possible for each type of conviction, consult section 316.193 of Florida Statutes. Here is the general breakdown of what to expect per offense:
First DUI Conviction
| Fines: | Imprisonment: | License Revocation Period: |
|---|---|---|
| BAC between .08 and .15: $500-$1,000 | For a BAC of .08 to .149 with no minors in the car, six months or less | A first offense without bodily injury claims gets between 180 days to one year |
| BAC above .15: $1,000-$2,000 | For a BAC of .15 or higher or the presence of a minor in the car, the driver can get jail time for up to nine months | A first offense with bodily injury gets at least three years of revocation |
Second DUI Conviction
| Fines: | Jail Time: | License Revocation Period: |
|---|---|---|
|
BAC between .08 and .15: $1,000-$2,000 |
For a BAC of .08 to .149 with no minors in the car, nine months or less | A second offense within five years of a prior conviction gets at least five years of license revocation. Hardship reinstatement may happen after one year |
|
BAC above .15: $2,000-$4,000 |
For a BAC of .15 or higher or the presence of a minor in the car, the driver can get jail time up to 12 months | After five years, a second offense from the first conviction gets between 180 days to one year |
| If the second conviction was within five years of the first conviction, there is mandatory jail time of up to 10 days, with at least 48 hours of the confinement being consecutive |
Third DUI Conviction (That Occurs Within 10 years From the Second Offense)
| Fines: | Imprisonment: | License Revocation Period: |
Extra Charges: |
|---|---|---|---|
|
BAC between .08 and .15: $2,000-$5,000 |
Mandatory imprisonment for at least 30 days | At least 10 years with a revoked license. The driver may qualify for hardship reinstatement after two years. | A third DUI that occurs within 10 years of a prior conviction or any additional DUIs afterward is a third-degree felony instead of misdemeanors. This charge can result in up to $5,000 in fines and up to five years in jail. |
|
BAC above .15: $4,000 and above |
At least 48 hours of jail time must be consecutive. |
Third DUI Conviction (That Occurs More Than 10 years From Second)
| Fines: | Jail Time: | License Revocation Period: |
|---|---|---|
|
BAC between .08 and .15: $2,000-$5,000 |
12 months or less | Without bodily injury: Between 180 days to one year |
|
BAC above .15: $4,000 and above |
With bodily injury: At least three years |
Fourth or Subsequent DUI Convictions
| Fines: | Jail Time: | License Revocation Period: | Extra Charges: |
|---|---|---|---|
|
BAC between .08 and .15: $2,000+ |
Up to five years | After a fourth conviction, there is a mandatory permanent revocation | Florida categorizes any additional DUI after a third offense as a third-degree felony instead of a misdemeanor. This charge can result in up to $5,000 in fines and up to five years in jail |
|
BAC above .15: $4,000+ |
After five years, the individual may be eligible to apply for a hardship driver’s license |
A DUI violation can include additional penalties based on the nature of the incident. For instance, the driver may need to install an ignition interlock device (IID) in their vehicle. Every driver is eligible for a restricted license and SR-22 insurance at different times, depending on their charges. For more information regarding these possibilities, consult section 316.193 of Florida Statutes.
For Crashes Involving Personal Injury or Property Damage
For incidents that cause harm to another’s body or property, the consequences are higher. In Florida, causing property or personal injury damage while driving a vehicle under the influence qualifies as a first-degree misdemeanor. This can either result in a fine under $1,000 or up to one year in prison.
If the bodily injury is severe, the driver can be found guilty of a third-degree felony, including a fine under $5,000 and/or up-to five years in prison. If offenses are higher and involve more serious situations, the court will handle these cases with increased jail time and fines that deal with the gravity of the crime.
The consequences from these kinds of offenses usually include permanent license revocation with the possible eligibility for a hardship license after a few years of good behavior. For complete information, consult the Florida Statutes.
Find Cheap SR-22 Auto Insurance Quotes
Hardship License opportunities
When a driver’s license is revoked and issued a restricted “hardship” license, they can drive to specific places like work, childcare, school, and the grocery store. The vehicle must be covered by FR-44 non-standard insurance. Florida has rules for the issuance of hardship licenses and standard license reinstatement.
First conviction:
The driver must complete DUI school and apply to FLHSMV (Florida Department of Highway Safety and Motor Vehicles) for hardship reinstatement within the time frame ordered by the court, which can vary due to the charges.
Second conviction:
The driver may apply for a hardship license after one year of good behavior. They must also complete DUI school and be supervised under Florida’s DUI supervision program for the five-year revocation period.
Third conviction:
If the offense was within 10 years of a prior conviction, the driver may apply for hardship reinstatement after two years. They must also complete DUI school and be watched under Florida’s DUI supervision program for the rest of their 10-year revocation period. They will monitor the driver to make sure they don’t consume alcohol or drive a vehicle for 12 months before the license reinstatement. A mandatory IID must be in the vehicle for two years.
Higher offenses after a third conviction may involve permanent license revocation. If the person is on good behavior, there is potential reinstatement to a restricted license after five years. If you do get a restricted license, an FR-44 addendum must be attached to your insurance policy so you can legally drive in Florida.
What Is an FR-44?
In most states, drivers with a DUI need an SR-22 addendum to get their vehicles insured on a restricted license. However, in Florida, drivers with a DUI must get FR-44 insurance. An FR-44 isn’t insurance, but it is proof of coverage that your insurance provider will send to the state’s DMV to prove that you have the insurance required to drive legally.
An FR-44 is essentially a certificate of responsibility that helps high-risk drivers to remain qualified for insurance when standard insurance options aren’t available. Though you can potentially inform your current insurance provider about your FR-44, you will be stuck with only one insurance option.
To find the most affordable FR-44 insurance, compare quotes from multiple carriers with the help of an SR-22 Advisor agent on the phone or at one of their brick-and-mortar locations. Though the high-risk insurance premiums in Florida average 53% more expensive than a standard rate, you can still find better deals by shopping around.
Impoundment or Immobilization of Your Car
After a DUI, your car may be impounded or given “the boot” that keeps it anchored to where you last parked it. Here is how long your vehicle should be impounded in Florida after a conviction:
- First conviction = 10 days
- Second conviction = 30 days
- Third conviction = 90 days
Seizing the vehicle doesn’t happen at the same time as jail time. Also, the court may not impound a vehicle if other members of the defendant’s household depend on it for daily transportation.
Get DUI Insurance in Florida
To drive in Florida on a revoked license, you’ll need to operate a vehicle on a restricted license and insure your car with an FR-44 addendum. To find the most competitive rates from the nation’s top insurance carriers, ask as many questions as you need. To make the process as easy as it can be, contact our partner independent insurance agent.