FLORIDA DUI LAWS - 2026 UPDATED GUIDE

Last Updated: February 2026
Florida Statutes as of 2025 Legislative Session
Includes Trenton's Law (HB 687) - Effective October 1, 2025

TABLE OF CONTENTS

1. Critical Changes Under Trenton's Law

2. Florida Statute 316.193 - Driving Under the Influence

3. Florida Statute 316.1932 - Implied Consent Law

4. Plain Language Summary

5. Key Takeaways for Drivers

CRITICAL CHANGES UNDER TRENTON'S LAW

(Effective October 1, 2025)

Before reading the full statutory text below, you should understand these game-changing modifications to Florida DUI law:

 BREATH/URINE TEST REFUSAL NOW A CRIME 

FIRST REFUSAL:

• NOW: Second-degree misdemeanor

  • Up to 60 days in jail

  • Up to $500 fine

  • PLUS 1-year administrative license suspension

• BEFORE (Pre-Oct 2025): Only administrative 1-year suspension

SECOND OR SUBSEQUENT REFUSAL:

• NOW: First-degree misdemeanor

  • Up to 1 year in jail

  • Up to $1,000 fine

  • PLUS 18-month administrative license suspension

• BEFORE: Only administrative 18-month suspension + misdemeanor charge

 ENHANCED DUI MANSLAUGHTER PENALTIES

Second or Subsequent Conviction for:

• DUI Manslaughter

• BUI (Boating) Manslaughter

• Vehicular Homicide

• Vessel Homicide

NOW: First-degree felony with UP TO 30 YEARS
BEFORE (Pre-Oct 2025): Second-degree felony with up to 15 years
MANDATORY MINIMUM: 4 years imprisonment for DUI manslaughter

 NEW POLICE WARNING REQUIREMENTS

Officers must now tell you:

• Refusal is a criminal offense (not just administrative)

• Criminal penalties include jail time and fines

• You will face BOTH criminal charges AND license suspension

 EFFECTIVE DATE

These changes apply ONLY to offenses on or after October 1, 2025.
The law is NOT retroactive.

FLORIDA STATUTE § 316.193

DRIVING UNDER THE INFLUENCE; PENALTIES

View Complete Current Statute

§ 316.193(1) - THE DUI OFFENSE DEFINED

A person is guilty of DUI if the person is driving or in actual physical control of a vehicle within Florida and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired; OR

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; OR

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

 NOTE: Florida law recognizes TWO ways to prove DUI:

1. Impairment DUI: Driver's normal faculties are impaired (regardless of BAC)

2. Per Se DUI: BAC or breath alcohol ≥ 0.08% (regardless of visible impairment)

§ 316.193(2) - STANDARD DUI PENALTIES:

(2)(a) - First and Second Convictions (Standard)

Any person convicted of DUI shall be punished:

1. BY A FINE OF:

• First conviction: Not less than $500 or more than $1,000

• Second conviction: Not less than $1,000 or more than $2,000

2. BY IMPRISONMENT FOR:

• First conviction: Not more than 6 months

• Second conviction: Not more than 9 months

3. IGNITION INTERLOCK DEVICE:

• Second conviction: Mandatory placement for at least 1 year, at convicted person's expense, on all vehicles owned/leased/routinely operated

 FINE ALLOCATION: Portions of fines exceeding base amounts are remitted to Department of Revenue for General Revenue Fund.

(2)(b) - Third and Fourth Convictions

1. THIRD CONVICTION WITHIN 10 YEARS:

• Classification: Third-degree felony

• Penalties: As provided in §§ 775.082, 775.083, or 775.084

• Maximum: 5 years imprisonment and/or $5,000 fine

• Ignition Interlock: Mandatory minimum 2 years

2. THIRD CONVICTION MORE THAN 10 YEARS AFTER PRIOR:

• Fine: Not less than $2,000 or more than $5,000

• Imprisonment: Not more than 12 months

• Ignition Interlock: Mandatory minimum 2 years

3. FOURTH OR SUBSEQUENT CONVICTION:

• Classification: Third-degree felony (regardless of time between offenses)

• Minimum Fine: Not less than $2,000

• Maximum: 5 years imprisonment and/or $5,000 fine

(2)(c) - Court's Discretion for IID

In addition to penalties above, court may order ignition interlock device for at least 6 continuous months on all vehicles if:

• Person had BAC or breath-alcohol ≥ 0.08

§ 316.193(3) - DUI CAUSING INJURY OR DEATH

Any person who:

• (a) Is in violation of subsection (1) [DUI]; AND

• (b) Operates a vehicle; AND

• (c) By reason of such operation, causes or contributes to causing:

1. PROPERTY DAMAGE OR PERSONAL INJURY:

• Classification: First-degree misdemeanor

• Maximum: $1,000 fine or 1 year imprisonment

2. SERIOUS BODILY INJURY:

• Classification: Third-degree felony

• Maximum: $5,000 fine and/or 5 years imprisonment

• Enhanced: If habitual/violent offender under § 775.084

3. DEATH OF ANY HUMAN BEING OR UNBORN CHILD (DUI MANSLAUGHTER):

a. DUI Manslaughter (Standard):

• Classification: Second-degree felony

• Maximum: $10,000 fine and/or 15 years imprisonment

• MANDATORY MINIMUM: 4 years imprisonment

b. DUI Manslaughter - Leaving the Scene:

• Classification: First-degree felony

• Maximum: $10,000 fine and/or 30 years imprisonment

• Applies when: Person knew or should have known crash occurred AND failed to give information or render aid (§ 316.062)

c.  DUI Manslaughter - Second or Subsequent Conviction (TRENTON'S LAW):

• Classification: First-degree felony

• Maximum: $10,000 fine and/or 30 YEARS imprisonment

• Applies if: Prior conviction under this subparagraph, § 327.35(3)(a)3.c. (BUI manslaughter), § 782.071 (vehicular homicide), or § 782.072 (vessel homicide)

• MANDATORY MINIMUM: 4 years imprisonment

 DEFINITION: "Unborn child" has the same meaning as provided in § 775.021(5).

§ 316.193(4) - ENHANCED PENALTIES FOR HIGH BAC OR MINOR IN VEHICLE

Any person convicted of DUI who:

• Has BAC or breath-alcohol of 0.15 or higher, OR

• Was accompanied in the vehicle by a person under age 18

SHALL BE PUNISHED:

(a) BY A FINE OF:

• First conviction: Not less than $1,000 or more than $2,000

• Second conviction: Not less than $2,000 or more than $4,000

• Third or subsequent: Not less than $4,000

(b) BY IMPRISONMENT FOR:

• First conviction: Not more than 9 months

• Second conviction: Not more than 12 months

(c) IGNITION INTERLOCK DEVICE (MANDATORY):

• First offense: Minimum 6 continuous months

• Second offense: Minimum 2 continuous years

• Required on all vehicles owned/leased/routinely operated when qualified for permanent or restricted license

 NOTE: Only the instant offense needs to meet the .15+ BAC or minor in vehicle criterion.

§ 316.193(5) - PROBATION, DUI SCHOOL, AND TREATMENT

MANDATORY REQUIREMENTS:

• Probation: Monthly reporting probation for all convicted offenders

• DUI Program: Completion of substance abuse course by DUI program licensed under § 322.292

• Psychosocial Evaluation: Required as part of DUI program

• Treatment: If referred by DUI program evaluation, completion is condition of probation

COST: Offender assumes reasonable costs for education, evaluation, and treatment

WAIVER OF TREATMENT:

• Cannot be waived without supporting independent psychosocial evaluation

• Independent evaluator must be appointed by court

• Must have access to original DUI program evaluation

• Court reviews both evaluations before deciding waiver request

• Offender bears full cost

FAILURE TO COMPLETE:

• DUI program notifies court and DHSMV

• DHSMV cancels driving privilege

• May temporarily reinstate on restricted basis if currently participating and evaluation completed

• Second failure: Reinstatement only after completion notice from DUI program

PROVIDER RESTRICTIONS:

• Organization conducting education/evaluation may not provide treatment unless waiver granted

• Waiver only if DHSMV determines provider most appropriate and licensed under chapter 397 or exempt

REPORTING: Statistical referral reports submitted quarterly to DHSMV

§ 316.193(6) - ADDITIONAL CONDITIONS FOR ALL CONVICTIONS:

(6)(a) - First Conviction:

PROBATION: Not to exceed 1 year (total probation + incarceration cannot exceed 1 year)

COMMUNITY SERVICE: Minimum 50 hours of public service or community work project
OR Fine of $10 per hour in lieu of service (only if court finds undue hardship)

VEHICLE IMPOUNDMENT/IMMOBILIZATION: 10 days

• Must not occur concurrently with incarceration

• Applies to vehicle operated by defendant OR any one vehicle registered in defendant's name

• For unexpired lease/rental term that expires within 10 days

• May be dismissed per paragraphs (e), (f), (g), or (h)

(6)(b) - Second Conviction (within 5 years):

MANDATORY IMPRISONMENT: Not less than 10 days
Consecutive confinement: At least 48 hours must be consecutive

VEHICLE IMPOUNDMENT/IMMOBILIZATION: 30 days

• All vehicles owned by defendant

• Must not occur concurrently with incarceration

• Must occur concurrently with license revocation under § 322.28(2)(a)2

• For unexpired lease/rental term that expires within 30 days

• May be dismissed per paragraphs (e), (f), (g), or (h)

(6)(c) - Third or Subsequent Conviction (within 10 years):

MANDATORY IMPRISONMENT: Not less than 30 days
Consecutive confinement: At least 48 hours must be consecutive

VEHICLE IMPOUNDMENT/IMMOBILIZATION: 90 days

• All vehicles owned by defendant

• Must not occur concurrently with incarceration

• Must occur concurrently with license revocation under § 322.28(2)(a)3

• For unexpired lease/rental term that expires within 90 days

• May be dismissed per paragraphs (e), (f), (g), or (h)

(6)(d)-(l) - Impoundment/Immobilization Procedures:

Court Orders:

• Court issues order at sentencing

• Must include names/phone numbers of all qualified immobilization agencies

• Clerk sends certified mail notice within 7 business days to:

  • Registered owner (if other than defendant)

  • Persons of record claiming lien

Dismissal of Impoundment Order:

(e) Vehicle was stolen OR purchased after offense from non-defendant entity:

• Submit police report or purchase documentation

• Court dismisses if sale not to circumvent order

• Owner incurs no costs

• May request evidentiary hearing if denied

(f) Vehicle stolen OR purchased directly from defendant:

• May request evidentiary hearing

• Court dismisses if: vehicle stolen OR purchase made without knowledge of offense, no relationship except transaction, would not allow defendant continued access

• Owner incurs no costs

(g) Family has no other transportation:

• Court dismisses if family has no other private or public means

(h) Vehicles operated solely by employees:

• Court may dismiss for vehicles owned by defendant but operated solely by defendant's employees or business employees

(i) Ignition interlock installed:

• Court may dismiss if defendant proves functioning certified IID installed on all vehicles routinely operated

(j) Sobriety monitoring programs:

• Court may order qualified sobriety/drug monitoring program (in addition to IID)

• Program must be evidence-based and approved by DHSMV

• Modalities: breath testing twice daily, transdermal monitoring, or random blood/breath/urine/oral fluid testing

• At person's sole expense

(k) Costs:

• Owner pays all impoundment/immobilization costs (or lessee if leased/rented)

• Unless order dismissed

• § 713.78 provisions apply

(l) Challenge procedure:

• Owner/lienholder may file complaint within 10 days of learning vehicle location

• May post bond equal to costs for release pending hearing

• Court issues release certificate when bond posted and fees paid

• Owner/lienholder must give receipt indicating any loss/damage

(m) Residential treatment:

• Court may allow imprisonment term to be served in residential alcoholism or drug abuse treatment program

• Time credited toward imprisonment term

§ 316.193(7)-(14) - Additional Provisions

PRIOR CONVICTIONS:

• Any conviction under § 327.35 (BUI)

• Previous conviction for former § 316.1931, § 860.01, or § 316.028

• Out-of-state conviction for DUI, DWI, unlawful BAC, or similar offense

• All count as previous DUI conviction

FINE SUBSTITUTION:

• Court may order public service/community work in lieu of fine portion defendant cannot pay

• Must consider unpaid amount and reasonable value of services

• Cannot compute services below federal minimum wage

CIVIL LIABILITY: DUI conviction does not bar civil suit for damages

ARRAIGNMENT NOTICE: Clerk provides notice that conviction results in license suspension/revocation

CUSTODY RELEASE CONDITIONS (§ 316.193(9)): Person arrested for DUI may not be released until:

• No longer under the influence and normal faculties not impaired; OR

• Blood/breath alcohol level below 0.05; OR

• 8 hours elapsed from arrest time

ADMINISTRATIVE PROCEEDINGS: DHSMV rulings under § 322.2615 not considered in criminal trial; testimony/evidence from administrative proceedings inadmissible unless timely disclosed in discovery

DEPARTMENT RULES: DHSMV directed to adopt rules for ignition interlock device implementation

PRESUMPTION OF PRIOR CONVICTION: DHSMV records showing prior DUI conviction sufficient to establish prior conviction (rebuttable)

IMMOBILIZATION AGENCIES: Strict requirements for personnel and agencies (§ 316.193(13))

DEFINITIONS (§ 316.193(14)):

• Immobilization/Immobilize: Installing antitheft device, tire lock, wheel clamp, or taking possession of tag/registration

• Immobilization agency: Entity meeting all conditions of subsection (13)

• Impoundment/Impound: Storing vehicle at storage facility with control/supervision

• Person: Any individual, firm, company, organization, corporation, etc.

FLORIDA STATUTE § 316.1932

IMPLIED CONSENT LAW - TESTS FOR ALCOHOL, CHEMICAL SUBSTANCES, OR CONTROLLED SUBSTANCES

View Complete Current Statute

§ 316.1932(1)(a)1.a. - IMPLIED CONSENT FOR BREATH TESTING

ANY PERSON WHO:

• Accepts the privilege of operating a motor vehicle in Florida

• By operating such vehicle

• Is deemed to have given consent to submit to:

  • Approved chemical test, OR

  • Physical test (including infrared light test)

  • Of breath

  • For determining alcoholic content of blood or breath

REQUIREMENTS:

• Test must be incidental to lawful arrest

• Administered at request of law enforcement officer

• Officer must have reasonable cause to believe person was driving or in actual physical control while under the influence

• Administration of breath test does not preclude other tests

TRENTON'S LAW - NEW WARNING FOR BREATH TEST REFUSAL

THE PERSON SHALL BE TOLD:

1. LICENSE SUSPENSION:

• First refusal: 1-year suspension

• Second or subsequent refusal: 18 months suspension
  (if privilege previously suspended OR previously fined under § 327.35215 for refusal)

2.  CRIMINAL PENALTIES (NEW AS OF OCTOBER 1, 2025):

• First refusal: Commits a second-degree misdemeanor

  • Punishable as provided in § 775.082 or § 775.083

  • Up to 60 days jail

  • Up to $500 fine

• Second or subsequent refusal: Commits a first-degree misdemeanor

  • Punishable as provided in § 775.082 or § 775.083

  • Up to 1 year jail

  • Up to $1,000 fine

  • (if privilege previously suspended OR previously fined under § 327.35215 for prior refusal of breath, urine, or blood)

3. ADMISSIBILITY:

• Refusal to submit to breath test is admissible in evidence in any criminal proceeding

§ 316.1932(1)(a)1.b. - IMPLIED CONSENT FOR URINE TESTING

ANY PERSON WHO:

• Accepts privilege of operating motor vehicle in Florida

• By operating such vehicle

• Is deemed to have given consent to submit to:

  • Urine test

  • For detecting presence of chemical substances (§ 877.111) or controlled substances

REQUIREMENTS:

• Test must be incidental to lawful arrest

• Administered at detention facility or other equipped facility (mobile or otherwise)

• At request of law enforcement officer with reasonable cause

• Test administered in reasonable manner ensuring accuracy and privacy

• Administration of urine test does not preclude other tests

TRENTON'S LAW - NEW WARNING FOR URINE TEST REFUSAL

THE PERSON SHALL BE TOLD:

1. LICENSE SUSPENSION:

• First refusal: 1-year suspension

• Second or subsequent refusal: 18 months suspension
  (if privilege previously suspended OR previously fined under § 327.35215)

2.  CRIMINAL PENALTIES (NEW AS OF OCTOBER 1, 2025):

• First refusal: Commits a second-degree misdemeanor

  • Up to 60 days jail

  • Up to $500 fine

• Second or subsequent refusal: Commits a first-degree misdemeanor

  • Up to 1 year jail

  • Up to $1,000 fine

  • (if privilege previously suspended OR previously fined under § 327.35215 for prior refusal)

3. ADMISSIBILITY:

• Refusal to submit to urine test is admissible in evidence in any criminal proceeding

§ 316.1932(1)(a)2. - ALCOHOL TESTING PROGRAM (FDLE)

Department of Law Enforcement (FDLE) Alcohol Testing Program is responsible for:

Regulation of:

• Operation, inspection, registration of breath test instruments

• Individuals who operate, inspect, instruct on breath test instruments

• Blood analysts conducting blood testing

Authority to:

• Establish uniform criteria for permits (operators, inspectors, instructors, analysts, instruments)

• Issue permits

• Discipline, suspend, revoke, or renew permits

• Establish uniform requirements for instruction and curricula

• Specify approved curriculum

• Approve or disapprove breath test instruments and paraphernalia

• Enter contracts/agreements with agencies, organizations, individuals

• Issue final orders (findings of fact and conclusions of law)

• Enforce compliance through civil or administrative proceedings

• Make recommendations

• Promulgate rules and definitions

• Consult and cooperate with entities

• Approve types of blood tests

• Specify techniques and methods for breath/blood testing

• Approve repair facilities for breath test instruments

Note: Nothing supersedes provisions in chapters 316, 322, and 327

§ 316.1932(1)(b) - TESTING STANDARDS

1. MEASUREMENT STANDARDS:

• Blood-alcohol level: Grams of alcohol per 100 milliliters of blood

• Breath-alcohol level: Grams of alcohol per 210 liters of breath

2. VALIDITY OF BREATH ANALYSIS:

• Must be performed substantially according to FDLE-approved methods

• FDLE may approve satisfactory techniques or methods

• Insubstantial differences between approved techniques and actual procedures do not invalidate test or results

§ 316.1932(1)(c) - IMPLIED CONSENT FOR BLOOD TESTING

ANY PERSON WHO:

• Accepts privilege of operating motor vehicle in Florida

• By operating such vehicle

• Is deemed to have given consent to submit to:

  • Approved blood test

  • For determining alcoholic content OR presence of chemical/controlled substances

WHEN APPLICABLE:

• Reasonable cause to believe person was driving/in actual physical control while under influence

• Person appears for treatment at hospital, clinic, other medical facility (including ambulance/medical emergency vehicle)

• Administration of breath or urine test is impractical or impossible

BLOOD TEST REQUIREMENTS:

• Must be performed in reasonable manner

UNCONSCIOUS PERSONS:

Any person incapable of refusal due to unconsciousness or other mental/physical condition:

• Is deemed NOT to have withdrawn consent

• Blood test may be administered

• May be administered whether or not person told about suspension consequences

• May be administered whether or not person told refusal is misdemeanor

CONSCIOUS PERSONS CAPABLE OF REFUSAL:

SHALL BE TOLD:

1. LICENSE SUSPENSION:

• First refusal: 1-year suspension

• Second or subsequent: 18 months suspension
  (if privilege previously suspended OR previously fined under § 327.35215)

2. CRIMINAL CONSEQUENCES:

• Refusal to submit to blood test, if driving privilege previously suspended for prior refusal to submit to breath, urine, or blood test, is a misdemeanor

3. ADMISSIBILITY:

• Refusal to submit to blood test upon request of law enforcement is admissible in evidence in any criminal proceeding

§ 316.1932(1)(d) - DEFENDANT MAY REQUEST TEST

If arresting officer does NOT request chemical or physical breath test:

• Arrested person may request the arresting officer have test made

• Test of arrested person's breath, OR

• Test of urine or blood

• Purpose: Determining alcoholic content or presence of chemical/controlled substances

• If requested, arresting officer SHALL have test performed

§ 316.1932(1)(e) - EXPRESS CONSENT BY LICENSURE

1. DRIVER LICENSE HOLDERS:

• By applying for driver license

• By accepting and using driver license

• Person is deemed to have expressed consent to provisions of § 316.1932

2. NONRESIDENTS/EXEMPT STATUS:

• By act of driving in exempt status

• Deemed to have expressed consent to provisions of § 316.1932

3. WARNING ON LICENSE:

• Warning of consent provision shall be printed on each new or renewed driver license

§ 316.1932(1)(f) - TEST ADMINISTRATION AND PROCEDURES

1. ADMINISTRATION RULES:

• Tests determining alcohol weight in blood/breath administered at officer request

• Must be substantially in accordance with FDLE rules

• Rules must specify precisely approved tests

• Must be approved for reliability and ease of administration

• Must provide approved method of administration

• Failure of officer to request blood withdrawal does not affect admissibility of medical blood test

2. WHO MAY WITHDRAW BLOOD:

Only the following, acting at law enforcement request:

• Physician

• Certified paramedic

• Registered nurse

• Licensed practical nurse

• Other personnel authorized by hospital to draw blood

• Duly licensed clinical laboratory director, supervisor, technologist, or technician

Exception: Failure of officer to request blood withdrawal does not affect admissibility of blood drawn for medical purposes

§ 316.1932(1)(f)2.b.-e. - HEALTH CARE PROVIDER NOTIFICATION

Healthcare providers treating motor vehicle crash victims:

MAY notify law enforcement if blood test during medical treatment shows:

• BAC meets or exceeds level specified in § 316.193(1)(b)

• Notice must be within reasonable time after receiving test result

• Used only to provide officer reasonable cause for blood sample request

NOTICE SHALL CONSIST OF:

• Name of person being treated

• Name of person who drew blood

• Blood-alcohol level indicated by test

• Date and time of test administration

NO BREACH OF DUTY:

• Providing or failing to provide notice does not breach:

  • § 395.3025(4) (confidentiality)

  • § 456.057 (medical records)

  • Any applicable practice act

• Not ethical, moral, or legal duty breach

IMMUNITY:

• No civil, criminal, or administrative action for good faith participation

• Immunity from civil/criminal liability and professional disciplinary action

• Immunity extends to participation in judicial proceedings

§ 316.1932(1)(f)3. - INDEPENDENT TESTING

Person tested may, at own expense:

• Have physician, RN, authorized hospital personnel, or clinical lab professional of own choosing

• Administer independent test

• In addition to test at officer's direction

• Purpose: Determining alcohol or chemical/controlled substance presence

Law enforcement officer:

• Shall not interfere with opportunity to obtain independent test

• Shall provide timely telephone access to secure test

• Burden on person to arrange and secure test at own expense

Failure/inability to obtain independent test:

• Does not preclude admissibility of test taken at officer's direction

§ 316.1932(1)(f)4. - FULL INFORMATION RIGHTS

Upon request of person tested:

• Full information concerning test results at officer's direction

• Must be made available to person or attorney

"FULL INFORMATION" LIMITED TO:

• Type of test administered and procedures followed

• Time of collection of blood or breath sample analyzed

• Numerical results indicating alcohol content

• Type and status of FDLE permit held by person performing test

• If breath test: Date of most recent required instrument inspection

"FULL INFORMATION" DOES NOT INCLUDE:

• Manuals, schematics, or software of instrument

• Other material not in actual state possession

• Information in manufacturer's possession

§ 316.1932(1)(f)5. - IMMUNITY FOR MEDICAL PERSONNEL

No civil or criminal liability for:

• Hospital, clinical laboratory, medical clinic, similar institution

• Physician, paramedic, RN, LPN, authorized hospital personnel

• Clinical lab director, supervisor, technologist, technician

• Other persons assisting law enforcement

When:

• Withdrawing or analyzing blood or urine specimen

• Chemical or physical test of breath

• Pursuant to accepted medical standards

• Requested by law enforcement officer

• Regardless of whether subject resisted

CONFIDENTIALITY EXCEPTION:

• Information relating to alcoholic content or presence of chemical/controlled substances

• Shall be released to court, prosecuting attorney, defense attorney, or law enforcement

• In connection with alleged § 316.193 violation

• Upon request for such information

PLAIN LANGUAGE SUMMARY

What is DUI in Florida?

You commit DUI in Florida if you are driving or in actual physical control of a vehicle and:

1. Your normal faculties are impaired by alcohol or drugs, OR

2. Your blood or breath alcohol level is 0.08 or above

What is "Implied Consent"?

By getting a Florida driver's license or driving in Florida, you automatically agree to submit to breath, urine, or blood testing if lawfully arrested for DUI. This is called "implied consent" - you consented when you started driving.

Can I Refuse the Test?

Before October 1, 2025: Refusing meant only license suspension (1 year first refusal, 18 months second).

After October 1, 2025 (TRENTON'S LAW): Refusing is now a CRIME:

• First refusal: Second-degree misdemeanor (up to 60 days jail + $500 fine) + 1-year suspension

• Second refusal: First-degree misdemeanor (up to 1 year jail + $1,000 fine) + 18-month suspension

AND your refusal can be used as evidence against you in court.

What are the Penalties for DUI?

FIRST DUI:

• $500-$1,000 fine ($1,000-$2,000 if BAC ≥.15 or minor in car)

• Up to 6 months jail (9 months if BAC ≥.15 or minor in car)

• 50 hours community service

• 10-day vehicle impoundment

• 6-12 month license revocation

• DUI school

• Possible IID (6 months if BAC ≥.15 or minor in car)

• Probation

SECOND DUI:

• $1,000-$2,000 fine ($2,000-$4,000 if BAC ≥.15 or minor in car)

• Up to 9 months jail (12 months if BAC ≥.15 or minor in car)

• Minimum 10 days jail if within 5 years of first

• 30-day vehicle impoundment

• Minimum 5-year license revocation

• DUI school

• Mandatory 1-year IID (2 years if BAC ≥.15 or minor in car)

THIRD DUI (within 10 years):

• $2,000-$5,000 fine ($4,000-$5,000 if BAC ≥.15)

• THIRD-DEGREE FELONY

• Minimum 30 days jail

• 90-day vehicle impoundment

• 10-year license revocation

• Mandatory 2-year IID

FOURTH DUI:

• THIRD-DEGREE FELONY

• Up to 5 years prison

• Minimum $2,000 fine

DUI MANSLAUGHTER:

• SECOND-DEGREE FELONY: Up to 15 years + mandatory 4-year minimum (first conviction)

• FIRST-DEGREE FELONY (TRENTON'S LAW): Up to 30 years + mandatory 4-year minimum (second or subsequent conviction)

What About Blood Tests?

If you're unconscious or at a medical facility after a crash and breath/urine test is impractical, implied consent applies to blood testing. Officers can request blood be drawn even if you're unconscious.

Can I Get an Independent Test?

Yes. At your own expense, you can arrange for an independent test by a medical professional of your choosing. The officer cannot interfere but you must arrange and pay for it yourself.

What Information Am I Entitled To?

You have the right to receive:

• Type of test and procedures

• Time sample was collected

• Numerical test results

• Permit information of person who tested you

• Date of last instrument inspection (if breath test)

You are NOT entitled to instrument manuals, schematics, software, or manufacturer information.

KEY TAKEAWAYS FOR DRIVERS

 THINGS YOU SHOULD KNOW:

1. You've Already Consented: By having a Florida license or driving in Florida, you've agreed to testing if arrested for DUI.

2. Refusal is Now a Crime: As of October 1, 2025, refusing breath or urine test means criminal charges PLUS license suspension.

3. Two Ways to Prove DUI: Prosecutors can prove DUI by showing impairment OR by showing BAC ≥.08.

4. Your Refusal Can Be Used Against You: If you refuse testing, prosecutors can tell the jury about your refusal.

5. High BAC = Worse Penalties: If your BAC is .15 or higher, or if you have a minor passenger, penalties are significantly enhanced.

6. DUI Causing Death: Second DUI manslaughter conviction now carries up to 30 years (not 15).

7. Third DUI = Felony: Your third DUI within 10 years is a felony with possible prison time.

8. You Can Request Independent Testing: You have the right to arrange your own independent test at your expense.

9. Medical Personnel Can Notify Police: If you're in a crash and hospital tests show high BAC, medical staff can notify law enforcement.

10. Prior Offenses Count: DUI convictions from other states count as prior offenses in Florida.

 IF YOU'RE ARRESTED FOR DUI:

1. Do NOT make statements without an attorney

2. You have only 10 days to challenge administrative license suspension

3. Request a formal review hearing immediately

4. Consider the refusal consequences - it's now a crime

5. Arrange independent testing if you want it

6. Contact an experienced DUI attorney immediately

CONSTITUTIONAL RIGHTS:

• You have the right to remain silent

• You have the right to an attorney

• However, implied consent law requires you to submit to testing if lawfully arrested

• An attorney can help you understand the complexities and your best options

IMPORTANT DISCLAIMERS

These statutes are provided for informational purposes only.

Florida DUI laws are complex and constantly evolving through:

• Legislative changes (like Trenton's Law)

• Court decisions interpreting the statutes

• Administrative rule changes

Court decisions from appellate courts interpret these laws and provide guidance as to meanings and validity. The statutory text alone does not tell the complete story of Florida DUI law.

This information is not legal advice. Every DUI case is unique and depends on specific facts, circumstances, evidence, and applicable law at the time.

Please consult an experienced DUI defense attorney for:

• Legal advice specific to your situation

• Analysis of your case facts

• Explanation of your rights and options

• Representation in court and administrative proceedings

CONTACT ALAN S. BERNSTEIN, P.A.

Alan S. Bernstein, P.A. - with offices in Broward and Palm Beach - understands:

• The science of breath, blood, and urine testing

• How to challenge the legality of DUI stops

• Field sobriety test weaknesses and challenges

• Breath test machine maintenance and calibration issues

• Constitutional violations in DUI cases

• Administrative license suspension procedures

• All facets of DUI defense in the Trenton's Law era

Handling cases in: Broward, Miami-Dade, Palm Beach, Hendry, and Glades Counties

YOU HAVE ONLY 10 DAYS TO CHALLENGE YOUR LICENSE SUSPENSION 

Call NOW for a free, no-obligation consultation:

 Main Office: 954-925-3111
Evenings & Weekends: 954-347-1000
Email: alanbernsteinlaw@gmail.com

Office Locations:

Hollywood Office:
2131 Hollywood Blvd, Suite 201
Hollywood, FL 33020

West Palm Beach:
By appointment only

Visit us online: www.duifloridapro.com

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The information on this page is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Florida DUI laws are current as of the 2025 legislative session and include changes made by Trenton's Law (HB 687) effective October 1, 2025.

© 2026 Alan S. Bernstein, P.A. All Rights Reserved.

Last Updated: February 7, 2026
Statutes Reviewed: Florida Statutes §§ 316.193 and 316.1932 (2025)
Legislative Changes: House Bill 687 (Chapter 2025-121) - Trenton's Law